Md. Ritadul Ali vs The State Of Assam And Anr
2021 Latest Caselaw 373 Gua

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GAHC010010672021




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 I.A.(Crl.)/65/2021

                                MD. RITADUL ALI
                                  S/O- ABUL ALI
                           R/O- VILL. AND P.O. BIHDIA
                             P.S. BAIHATA CHARIALI
                                DIST.- KAMRUP(R)
                                      ASSAM
                                    PIN- 781381.


                                     VERSUS

                        THE STATE OF ASSAM AND ANR.
                               REP. BY THE P.P.
                                   ASSAM

                        2:MD. AFJAL ALI (INFORMANT)
                             S/O- LATE JAMIR ALI
                               R/O- VILL.- BIHDIA
                            P.S. BAIHATA CHARIALI
                               DIST.- KAMRUP(R)
                                      ASSAM
                                   PIN- 781381.
                                     ------------
                           Advocate for : MR Z ALAM
                                 Advocate for : PP
               ASSAM appearing for THE STATE OF ASSAM AND ANR.

                               In Case No. : Crl.A./30/2021

         MD. RITADUL ALI
         S/O- ABUL ALI, R/O- VILL. AND P.O. BIHDIA, P.S. BAIHATA CHARIALI,
         DIST.- KAMRUP(R), ASSAM, PIN- 781381.
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            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE P.P., ASSAM

            2:MD. AFJAL ALI (INFORMANT)
             S/O- LATE JAMIR ALI
             R/O- VILL.- BIHDIA
             P.S. BAIHATA CHARIALI
             DIST.- KAMRUP(R)
            ASSAM
             PIN- 781381

Advocate for the Petitioner   : MR Z ALAM

Advocate for the Respondent : PP, ASSAM

                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                           ORDER

Date : 04.02.2021

Heard Ms. S Nazneen, learned counsel for the applicant and Ms. A Begum, learned Additional Public Prosecutor for the State respondent.

This application under Section 389 Cr.P.C. has been filed by the applicant, Md. Ritadul Ali prayng for suspension of sentence and also to allow him to go on bail who has been convicted vide Judgment & Order, dated 17.12.2020 passed by the learned Special Judge, Kamrup, Rangia in Special (P) Case No.21/2015 convicting the accused U/S 4 of the POCSO Act and sentencing him to RI for 10 years and pay fine of Rs. 5,000/- i/d SI for 6 months

As LCR has been called for in the connected criminal appeal, the interim prayer will be considered after receipt of the LCR.

List on 09.03.2021.

In the meantime, learned Addl.P.P. may file objection, if any.

JUDGE Page No.# 3/3

Comparing Assistant