Kolkata, February 24 The Calcutta High Court on Tuesday suspended the life imprisonment sentence of a man, convicted for the rape of a minor, stating that his appeal, which has been pending since 2019, is yet to be heard, and that prior appeals are also pending.
Noting that it is uncertain when the appeal will be heard since appeals filed prior to it are still pending, a division bench presided over by Justice Arijit Banerjee granted conditional bail to the man.
The appellant, Swapan Haldar, has been in custody for more than ten years and five months, including the pre-conviction and post-conviction detention periods, his lawyer stated before the court.
Clarifying that the court is not currently addressing the merits of the case, the division bench noted that the appellant has been in custody for nearly seven years post-conviction.
Haldar had in 2019 filed an appeal before the High Court challenging his conviction and sentence in the POCSO case by the Alipore Court here.
"We cannot also say with any degree of certainty when the appeal will be heard, since appeals filed much earlier are yet to be heard," the division bench said.
The division bench, also comprising Justice Apurba Sinha Roy, granted Haldar's application for suspension of sentence on the "basis of Article 21," a fundamental right which ensures protection of life and personal liberty.
The appellant was convicted and sentenced to life imprisonment in 2019 in a case of the rape of a minor girl in August 2015, filed at the Maniktala police station here.
The appellant's lawyer claimed before the court that there are several loopholes in the prosecution's case and in the judgment and order under appeal, while the state lawyer opposed the prayer for suspension of sentence, saying that the evidence of the victim girl is sufficient to sustain the conviction.
The court, however, said that it is currently not addressing the merits of the case and that it is aware that the appellant has been in custody for about six years and 11 months post-conviction.
"The operation of the order of conviction and sentence shall remain suspended until the appeal is disposed of or until further orders, whichever is earlier," the court directed.
Imposing strict conditions, the bench directed that Haldar be released on bail upon furnishing bail bonds of Rs 10,000 each, with two sureties of the same amount each, one of whom must be local.
The court also directed the appellant not to leave the geographical limits of the Usthi police station in South 24 Parganas district, except for the purpose of attending court proceedings, and on further conditions that he will meet the inspector-in-charge of the Usthi police station once a month until further orders.
He was also directed to be personally present or be represented before this court when the appeal is taken up for hearing.