SK ABDUL SALAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for modification of the order dated 11.03.2019 passed by the learned Additional Sessions Judge, 1st Court, Uluberia, Howrah in Special Case No.18 of 2018 under Section 354 of the Indian Penal Code and under Sections 8 and 12 of the POCSO Act, thereby refusing to modify the condition of bail granted to the petitioner on 06.03.2019.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an accused in this case. He is a senior citizen, aged about 64 years. Since the investigation was not completed within the statutory period as contemplated under Section 167 (2) of the Code, the petitioner preferred an application by statutory bail. On 06.03.2019 the learned trial Court was pleased to grant statutory bail in favour of the petitioner, inter alia, on condition to furnish surety of one gazetted officer of Grade-A. This condition could not be satisfied by the petitioner as he was a common man with limited means and had no access to any gazetted officer. The petitioner accordingly made an application for modification of the condition of bail, but the same was rejected on 11.03.2019. As a consequence, the petitioner is languishing in jail for about two years although he had been granted statutory bail. Although a charge sheet was subsequently submitted under higher charges, the same was done after expiry of 90 days which is the period stipulated for completion of investigation in respect of those graver sections. Therefore, the petitioner was in any way entitled to statutory bail even if the higher charges were taken into consideration.

(3.) Learned counsel appearing on behalf of the State submits as follows. A charge sheet was subsequently submitted against the petitioner under higher charges. A prima facie case is made out against him as would be evident from a plain reading of the charge sheet. A departmental proceeding was initiated against the concerned investigating officer for not completing investigation within the statutory period.