High CourtsSingle Bench(2018) 02 SIK CK 0006

Shri Raju Prasad vs State of Sikkim

Sikkim High Court · Decided on 19 February 2018

HON’BLE JUDGES
Satish K. Agnihotri
RESULT
Disposed off
CASE NUMBER
01 of 2018

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Judgment

12 paragraphs · 238 words
1.

The petitioner was charge-sheeted for having committed the offence under Sections 342/376/511/354/34 of IPC, 1860 read with Section 8 of

the Prevention of Children from Sexual Offences Act, 2012, (in short, the POCSO Act). The charge-sheet was filed on 5th April 2017.

2.

Mr. A. Moulik, learned Senior Counsel appearing for the petitioner, submits that the petitioner is being tried not for any serious sexual assault

but accosting the victim and attempting to misbehave her. It is stated that the trial is at evidence stage.

3.

Mr. Karma Thinlay, learned Additional Public Prosecutor, fairly submits that since the trial is at the evidence stage, a direction be issued to

complete the trial at the earliest, this is not a case, wherein at this stage, on the basis of submissions of learned Senior Counsel, the accused be

released on bail when the victim is 12 years'' old.

4.

Having considered all aspects of the matter and on examination of the charge-sheet, I am of the considered view that since the trial is at advance

stage of examination of evidences and also keeping in view the nature of offence involved therein, there is no ground to grant bail at this stage.

However, the Court directs the learned trial Judge to expedite the hearing and conclude the trial at the earliest, preferably within a period of 3

(three) months.

5.

It is ordered. Consequently, the Bail Application is disposed of.