Appeal pending since 2019 without hearing, HC suspends life term of convict in POCSO case

Kolkata, Feb 24 (PTI) The Calcutta High Court on Tuesday suspended the life imprisonment term of a man, convicted for the rape of a minor, holding that his appeal, pending since 2019, is yet to be heard and that prior appeals are pending.

Noting that it is not sure when the appeal will be heard since appeals filed prior to it are still pending, a division bench presided by Justice Arijit Banerjee granted conditional bail to the man.

The appellant, Swapan Haldar, is in custody for more than ten years five months, taking together the pre-conviction and post-conviction period of detention, his lawyer stated before the court.

Clarifying that the court is not on the merits of the case at present, the division bench noted that the appellant has been in custody for nearly seven years post-conviction.

Haldar had in 2019 moved 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 prior in point of time 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 "touchstone 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 rape of a minor girl in August, 2015 filed at Maniktala police station here.

The appellant's lawyer claimed before the court that there are several loopholes in the prosecution 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 enough to sustain the conviction.

The court, however, said that it is at present not on the merits of the case and that it is seized of the fact that the appellant is in custody for about six years and 11 months post-conviction.

"The operation of the order of conviction and sentence shall remain suspended till disposal of the appeal 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 with two sureties of like amount each, one of whom must be local.

The court also directed the appellant not to leave the geographical limits of Usthi police station in South 24 Parganas district, except only for the purpose of attending court proceedings and on further conditions that he will meet the inspector-in-charge of 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. PTI AMR RG