Roshen Ali vs The State Of Assam And Anr
2021 Latest Caselaw 52 Gua

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GAHC010182752020




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

                                   Case No. : Crl.A./218/2020

            ROSHEN ALI
            S/O- KHADEM ALI, R/O- GERUKABARI, P.O. GOROIMARI, P.S. MANIKPUR,
            DIST.- BONGAIGAON, ASSAM, PIN- 783390.



            VERSUS

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

            2:KANCHAN NESSA (INFORMANT)
            W/O- SONAB ALI SHEIKH
             R/O- GERUKABARI
             P.O. GOROIMARI
             P.S. MANIKPUR
             DIST.- BONGAIGAON
            ASSAM
             PIN- 783390

Advocate for the Petitioner   : K U AHMED

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/588/2020

            ROSHEN ALI
            S/O- KHADEM ALI
            R/O- GERUKABARI
            P.O. GOROIMARI
                                                                                            Page No.# 2/3

              P.S. MANIKPUR
              DIST.- BONGAIGAON
              ASSAM
              PIN- 783390.


              VERSUS

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

             2:KANCHAN NESSA (INFORMANT)
             W/O- SONAB ALI SHEIKH
              R/O- GERUKABARI
              P.O. GOROIMARI
              P.S. MANIKPUR
              DIST.- BONGAIGAON
             ASSAM
              PIN- 783390.
              ------------
             Advocate for : K U AHMED
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                     BEFORE
                       HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                                ORDER

07.01.2021

Heard Mr. K.U. Ahmed, learned counsel for the applicant/appellant and Mr. D. Das, learned Addl. Public Prosecutor, Assam appearing on behalf of the State/respondent No. 1.

By this interlocutory application filed under Section 389 Cr.P.C., the applicant has prayed for releasing him on bail during the pendency of the connected criminal appeal against the impugned judgment and order of conviction and sentence, dated 19.11.2020 passed by the learned Special Judge, Bongaigaon in Special(P) case No. 3(M)/2019, whereby the applicant was convicted under Section 4 of the POCSO Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 2000/-, in default to further undergo SI for 3 months.

Issue notice to the respondent No. 2 to be served through the Officer-in-charge of Bongaigaon P.S. Page No.# 3/3

Steps be taken within 2(two) days.

As Mr. D. Das, learned Addl. Public Prosecutor, Assam has accepted notice, no fresh notice may be issued. However, extra-copy of the petition along with documents annexed therewith be furnished to him during course of the day.

List on 12.02.2021.

JUDGE

Comparing Assistant