Shri Gopal Baroi @ Abhir Baroi v. The State

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

CRM(SB)/4/2022 Shri Gopal Baroi @ Abhir Baroi ... Petitioners Vs.

The State ... Respondent Mr. D. Ilango ... for the petitioners Mr. A.S.Zinu ... for the respondent November 16, 2022 [SR] Item No.1 Party/parties is/are represented in the order of their name/names as printed above in the cause title. This is an application for bail in connection with the appeal, being CRA/226/2020. The appeal is directed against the Judgment and Order of conviction dated 18th September, 2020 passed by the learned Special Judge (POCSO Act), North and Middle Andaman, Mayabunder.

Mr. D.Ilango, Learned Counsel, appears in support of the application.

The application is opposed by Ms. A. S.Zinu, Learned Counsel appearing for the prosecution.

It is submitted by the appellant that throughout the trial before the learned Special Court (POCSO), the appellant/petitioner was on bail. Reference is drawn to the Order dated 25th August, 2017 passed by the learned Special

Court (POCSO) granting the appellant the privilege of interim bail subject to the conditions specified.

Mr. Ilango submits that the interim bail as granted on 25th August, 2017 stood extended from time to time and, throughout the trial the appellant remained on bail. It is submitted that the appellant may be allowed to continue on bail during pendency of the appeal subject to any conditions which may be imposed by the Court. It is submitted that the appellant is a permanent resident of Diglipur, North Andaman and has both family and landed property.

Per contra, Learned State Counsel contends that the appellant may not be traceable, if granted bail. Learned Counsel for the appellant meets such contention on the ground that although the appellant was enlarged on parole following the directives of the Hon'ble Apex Court during the COVID-19 Pandemic, the appellant, post his conviction, surrendered before the Jail Authority. Having heard the parties and considering the materials on record, this Court is of the view that a fit case has been made out for grant of bail to the appellant on furnishing of two sureties of Rs.10,000/- each of which must be a local to the satisfaction of the learned Chief Judicial Magistrate, Port Blair.

The appellant shall meet the Officer In-charge, P.S. Diglipur, once every week recording his presence until further orders.

CRM(SB)/4/2022 stands accordingly disposed of. All parties to act on a server copy of this order downloaded from the website of the Hon'ble High Court. Urgent Xerox certified copy of this order be supplied to the Learned Counsel appearing for the respective parties upon compliance of usual formalities.

( Subrata Talukdar, J. )