Nehar Uddin vs The State Of Assam And Anr
2021 Latest Caselaw 1274 Gua

                                                                                   Page No.# 1/2

GAHC010061392021




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



            I.A.(Crl.)/201/2021

            NEHAR UDDIN
            S/O- JOYNAL ABEDIN
            VILL.- BOROTOLI PT-II
            P.S. KATIGOARH
            DIST.- CACHAR.


            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REP. BY THE PUBLIC PROSECUTOR
            ASSAM.

            2:KULSUMA BEGUM
            D/O- LATE ASAB ALI
            VILL.- BOROITOLI PT-II
             P.S. KATIGORAH
             DIST.- CACHAR.
             ------------
            Advocate for : MR. N H LASKAR
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.


                                  BEFORE
                 HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                          ORDER

31-03-2021

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

Page No.# 2/2

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 20-02-2021, passed by the learned Additional Sessions Judge (Special Judge), Cachar, Silchar, in Special Sessions Case No. 7/2016, 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 and to suffer rigorous imprisonment for three years and to pay fine of Rs.3,000/- with default clause for offence under Section 457 of the IPC. 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 05-05-2021.

JUDGE

Comparing Assistant