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GAHC010082692022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/201/2022
MONOWAR HUSSAIN @ MONEE
S/O LATE ASANULLA @ ASHAN ALI VILLAGE SONPURA, PO JANIA, PS
KALGACHIA, DIST BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP ASSAM
2:JABED ALI
S/O LATE HAMED ALI
RESIDENT OF SONPURA
PO JANIA
PS KALGACHIA
DIST BARPETA
ASSA
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
26.08.2022 Heard Mr. A. Ahmed, learned counsel for the applicant/appellant as well as Page No.# 2/2 Ms. S.H. Bora, learned Addl. P.P., Assam appearing for the State respondent No.
1. By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant, who is convicted vide the impugned Judgment and Order, dated 07.04.2022, passed by the learned Addl. Sessions Judge cum Special Judge (POCSO), Barpeta in Special POCSO Case No. 116/2018 and sentenced to undergo R.I. for 5 years along with payment of fine of Rs. 10,000/-, in default, to undergo R.I. for another 6 months u/s 8 of the POCSO Act, has prayed for suspension of sentence and to allow him to go on bail.
On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 07.04.2022, passed by the learned Addl. Sessions Judge cum Special Judge (POCSO), Barpeta in Special POCSO Case No. 116/2018 as well as the averments made in the application, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 77/2022. The applicant/accused is directed to be released on bail of Rs.40,000/- (Rupees Forty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge, (POCSO Act), Barpeta.
With the above directions, the Interlocutory Application stands disposed of.
JUDGE Comparing Assistant