Sri Sirish Das vs The State Of Assam And Anr
2021 Latest Caselaw 591 Gua

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GAHC010084082020




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

                          Case No. : I.A.(Crl.)/341/2020



         SRI SIRISH DAS
         S/O LATE SEFOLA DAS
         VILL. BIHDIYA
         P.S.NALBARI
         DIST. NALBARI
         ASSAM 781348


          VERSUS

         THE STATE OF ASSAM AND ANR
         REPRESENTED BY PP
         ASSAM.

         2:PARIJAT DAS
         W/O SRI SATICH DAS
         VILL. BIHDIYA
          P.S. NALBARI
          DIST. NALBARI
         ASSAM 781348
          ------------

         Advocate for : MR. N BARMAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR



                                BEFORE
                   HONOURABLE MR. JUSTICE SUMAN SHYAM
                   HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                    ORDER

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19.02.2021 Suman Shyam, J.

Heard Mr. N. Barman, learned counsel for the applicant. Also heard Mr.

M. Phukan, learned Addl. P.P., Assam, appearing for the State and Mr. R. Chetri,

learned counsel representing the informant/respondent No.2.

By filing this I.A. the applicant has prayed for suspension of sentence

awarded in connection with Sessions Special (P) Case No.22/2019 registered

under section 376(AB) of IPC read with Section 6 of POCSO Act for his release

on bail.

By the judgment and order dated 20.02.2020 passed by the learned

Special Judge, Nalbari, the applicant has been convicted and sentenced to

rigorous imprisonment for life and also to pay a fine of Rs.10,000/-.

We have perused the statement of the victim girl recorded under section

164 Cr.P.C., the medical report as well as the testimony of PWs-2 and 7. After

considering the aforesaid materials available on record, we are of the prima

facie opinion that this is not a fit case where the appellant/ applicant can be

released on bail. The prayer for bail is therefore, rejected.

I.A. stands dismissed.

                                           JUDGE                              JUDGE


Comparing Assistant