The appellant, convicted under Section 10 of the POCSO Act, challenged his conviction and sought bail. The High Court rejected the bail application due to the offence's gravity and listed the appeal for hearing.
Bail application rejected; appeal listed for hearing.
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IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ]
…
CRM(SB)/5/2022 With
CRA(SB)/6/2022
Shri Mithun Sikder …Appellant
Vs.
The State … Respondent
Mr. Alokesh Sarkar … for the Appellant Mr. Salim Mohammed Ms. A.S. Zinu … for the Respondent
September 18, 2023 [M.A.Mobin] Item Nos.9 & 10
In this appeal the appellant has challenged the judgment of the Trial Court passed in Sessions Trial No.54 of 2017 and convicted and sentenced the appellant thereby to suffer rigorous imprisonment for five years and to pay fine of Rs.10,000/-. Also in default of payment of fine as above, he was directed to suffer rigorous imprisonment for three months more.
The offence for which the appellant has been convicted and sentenced in the manner as above is under Section 10 of POCSO Act.
In connection with this appeal the appellant has preferred to file application seeking bail during pendency of the appeal.
In view of the nature and gravity of the offence this Court does not find it proper to allow the prayer of the appellant for bail at this stage.
Hence, the prayer for bail of the appellant vide an application being CRM(SB) 5 of 2022 is rejected.
As the appeal is not ready for hearing, let the same be posted on 22nd September, 2023.
(Rai Chattopadhyay, J.)
2 issues framed by the court
Whether to allow bail to the appellant during the pendency of the appeal against conviction under Section 10 of the POCSO Act.
Whether the appeal against conviction and sentence is ready for hearing.
1 provisions across 1 enactments
Shri Mithun Sikder
The State
Rai Chattopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
