Rakesh Kumar v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRM(SB)/4/2023 With CRA(SB)/3/2023 IA No. CRAN/1/2023 Shri Rakesh Kumar Vs.

The State Mr. D. Ilango ...for the Appellant Mr. Salim Mohammed ... for the respondent April 25, 2023 [Bithika] Item Nos.3 & 4 The appellant has preferred an appeal against the Judgment of conviction passed by the learned Additional Sessions Judge, North & Middle Andaman, Mayabunder in Sessions Case No. 3 of 2021 dated 8th July, 2022 wherein the appellant is sentenced to undergo rigorous imprisonment for three years for the offence under section 308 of the Indian Penal Code. There is a delay of 229 days for preferring an appeal. Perused the application. This Court finds that the appellant has satisfactorily explained the delay for non filing of the appeal within the statutory period of time. Accordingly the delay is condoned.

CRAN/1/2023 is thus disposed of.

CRA(SB)/3/2023 The appellant has preferred an appeal against the conviction passed by the learned Additional Sessions Judge, North & Middle Andaman, Mayabunder in Sessions Case No. 3 of 2021 dated 08.07.2022.

The appeal is admitted.

Let the lower Court record be called for.

The Registry is directed to prepare requisite number of paper books within a period of six weeks after receipt of lower Court record.

Let the matter appear before the available Circuit Bench after preparation of paper book.

CRM(SB)/4/2023 The appellant has preferred an application under section 389 of the Code of Criminal Procedure 1973 praying for bail. The appellant is convicted by the learned Court of Additional Sessions Judge, North & Middle Andaman, Mayabunder in Sessions Case No. 3 of 2021 dated 08.07.2022 sentencing the appellant to undergo rigorous imprisonment for three years for the offence under section 308 of IPC. Learned Counsel for the appellant submits that the appellant was all along on bail during the trial and has not misused the bail. After the conviction, the appellant was taken into custody. Learned Counsel for the appellant submits that the appellant is in custody for the last 230 days. He submits that the appellant is a permanent resident of these

islands and there is no chance of absconding the appellant. He submits that there is no chance of early hearing of the appeal. Learned Public Prosecutor raised objection and submits that if the appellant is released on bail, there is every chance of absconding of the accused.

Considering the submissions made by the respective parties, this Court finds that the appellant is all along bail during trial. The appellant is convicted for three years. The appellant has already in custody for last 230 days and there is no chance of early hearing of appeal.

In view of the above, no purpose will be served by keeping the appellant in custody.

Accordingly, the appellant is granted bail by furnishing a bail bond of Rs. 10,000/- with two sureties, one must be local with the satisfaction of learned Court of Chief Judicial Magistrate, Mayabunder with the direction, if on bail, he shall make his appearance before the P.S Billiground once in every week till the disposal of the appeal.

CRM (SB) 4 of 2023 is disposed of.

The parties are directed to act upon the server copy of this order.

(Krishna Rao, J.)