Mithun Rajbongshi vs The State Of Assam And Anr
2021 Latest Caselaw 1259 Gua

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GAHC010061632021




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

                                  Case No. : Crl.A./94/2021

           MITHUN RAJBONGSHI
           S/O- SRI GAMBHIR RAJBONGSHI, R/O- VILL.- KALBARI, P.O. AND P.S.
           GORESWAR, DIST.- BAKSA, ASSAM, PIN- 781366.

           VERSUS

           THE STATE OF ASSAM AND ANR.
           REP. BY THE PUBLIC PROSECUTOR, ASSAM

           2:MANESWAR RAJBONGSHI
            S/O SRI RAMESH RAJBONGSHI
            R/O VILLAGE KOLBARI
            PO AND PS GORESWAR
            DIST. BAKSA
           ASSAM, PIN-78136

Advocate for the Petitioner : MR. A PAUL
Advocate for the Respondent : PP, ASSAM

            Linked Case : I.A.(Crl.)/199/2021

           MITHUN RAJBONGSHI
           S/O SRI GAMBHIR RAJBONGSHI
           R/O VILLAGE KALBARI
           PO AND PS GORESWAR
           DIST. BAKSA, ASSAM, PIN-781366

            VERSUS

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

           2:MANESWAR RAJBONGSHI
           S/O SRI RAMESH RAJBONGSHI
            R/O VILLAGE KOLBARI
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                PO AND PS GORESWAR
                DIST. BAKSA, ASSAM, PIN-781366

              Advocate for : MR. A PAUL
              Advocate for : PP, ASSAM appearing for THE STATE OF ASSAM AND ANR.

                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                           ORDER

31-03-2021

Mr. F. Hoque, learned counsel represents the appellant-applicant. Ms. S. Jahan, learned Additional Public Prosecutor appears for respondent No. 1.

This interlocutory application is filed under Section 389 of the Cr.P.C., seeking bail and for suspension of the operation of the impugned judgment and order, dated 30-01-2021, passed by the learned Special Judge (POCSO), Baksa, Mushalpur, in Special POCSO Case No. 08/2018, convicting the appellant and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/- with default clause for offence under Section 4 of the POCSO Act, 2012.

Issue notice.

No formal notice need be issued on the State respondent since Ms. Jahan, learned Additional Public Prosecutor, has already entered appearance and accepted notice on behalf of the State respondent.

The appellant shall take steps for service of notice on the respondent No. 2 by registered post with A/D Card as well as under usual process, within five days from today. Ms. Jahan, learned Additional Public Prosecutor has sought for time to file objection by the State on the prayer for bail.

The prayer is allowed.

List this matter on 03-05-2021.

JUDGE

Comparing Assistant