Hon'ble Court declined bail application of petitioner charged under Section 376AB IPC and POCSO Act due to serious nature of offence and risk to nine-year-old victim despite long custody. Court directed expedited trial conclusion by June 30, 2021.
Application for bail dismissed. Trial to be expedited and concluded by June 30, 2021.
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06.10.2020 Court No. 8 Item No. 12 (DL) bdutta
CRM 7588 of 2020 (Via Video Conference)
In Re: An application for Bail under Section 439 of the Code of Criminal Procedure in connection with Jangipara P.S. Case No. 274 of 2019 dated 07.12.2019 under Section 376AB of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act.
and
In the matter of: Basir Mal @ Pairo Mal
…… Petitioner
Mr. S. G. Chowdhury.
……for the Petitioner
Mr. Tanmoy Kr. Ghosh. Ms. Sima Biswas.
…… for the State
The learned advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per Rules within 48 hours of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.
This is a serious case under Section 376AB of the Indian Penal Code read with Section 8 of the Prevention of Children from Sexual Offences Act. The victim involved is a girl of nine years of age. It is stated that the petitioner is in custody for about 304 days and that charge has been framed.
Considering the above factors, it could not be safe to enlarge the petitioner on bail at this stage because that could endanger the safety of the victim girl.
We direct the expedition of the trial to be concluded preferably by 30th June, 2021.
The application being CRM 7588 of 2020 is disposed of.
(I. P. Mukerji, J.)
(Hiranmay Bhattacharyya, J)
2
2 issues framed by the court
Whether the petitioner can be enlarged on bail considering the serious nature of the offence under Section 376AB IPC and the age of the victim.
What direction can be given to expedite the trial to ensure safety of the victim.
3 provisions across 3 enactments
Basir Mal @ Pairo Mal
The State
I. P. Mukerji
Hiranmay Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
