Shri Amir Hussain v. The State
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] ...
CRM(SB)/2/2022 With CRA(SB)/4/2022 Shri Amir Hussain ... Petitioner Vs.
The State ... Respondent Mr. D. Ilango ... for the petitioner Ms. A.S.Zinu ... for the respondent November 23, 2022 [SR] Item No.1 Re: CRM(SB)/2/2022 This is an application for bail in connection with the appeal.
The appeal was admitted after condonation of delay and the Lower Court Records were called for vide Order of the concurrent Hon'ble Single Bench dated 30th September, 2022. The application for bail appears today.
Mr.
D.Ilango, Learned Counsel, appears for the petitioner.
The attention of this Court is drawn by Learned Counsel for the petitioner to the cross-examination of the Doctor who examined the minor victim girl, in Special POCSO ST No.08 of 2022 arising out of Special POCSO G.R.Case No.06 of 2022. The point taken by the petitioner is that the crossexamination of the said Doctor does not show either genital or physical injury.
A case is made out that the petitioner/accused/convict stood implicated on the basis of a personal rivalry and a vital
testimony of the brother of the victim girl, who was present at the place of occurrence, was not taken.
Ms. A.S.Zinu, Learned Counsel appearing for the prosecution strongly opposes the prayer for bail and points out to the specific nature of the incident which has been discussed in the Judgment and Order of conviction of the Learned Trial Court.
Heard the parties and considering the materials placed, having regard to the nature and gravity of the offence as emanating from the Judgment of Learned Trial Court, this Court is not persuaded to hold that the petitioner deserves the privilege of bail.
Accordingly, the prayer for bail stands refused. CRM(SB)/2/2022 stands thus dismissed.
All parties to act in terms of a copy of the order downloaded from the official website of the Court. Urgent Xerox certified copy of this order be supplied to the Learned Counsel for the respective parties upon compliance of usual formalities.
( Subrata Talukdar, J. )