Bitopan Das vs The State Of Assam And Anr
2021 Latest Caselaw 800 Gua

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GAHC010035842021




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

                                  Case No. : Crl.A./63/2021

            BITOPAN DAS
            S/O LATE TRAILOKYA DAS, R/O METUAKUCHI, SANTI NAGAR, BARPETA
            TOWN, P.S., P.O. AND DIST-BARPETA, ASSAM



            VERSUS

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

            2:HITESH DAS
             S/O LATE NOLARAM DAS
             R/O METUAKUCHI
             SANTI NAGAR
             BARPETA TOWN
             P.S.
             P.O. AND DIST-BARPETA
            ASSAM-78130

Advocate for the Petitioner   : MR. A GOYAL

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 03.03.2021

Heard Mr. A Goyal, learned counsel for the appellant and Mr. NJ Dutta, learned Addl.Public Prosecutor for the State respondent No.1.

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By this appeal under Section 374 of the CrPC, the appellant has prayed for suspension of the operation of the Judgment and Order, dated 18.12.2020 passed by the learned Special Judge, Barpeta in Special (POCSO) Case No.56/2019 and also to allow him to go on bail wherein the appellant has been convicted and sentenced to undergo RI for 5 years and pay fine of Rs.10,000/- i/d SI for 6 months under Section 8 of the POCSO Act.

The criminal appeal is admitted.

Call for the records.

Issue notice to the respondent No.2 through the Officer-In-Charge of Barpeta Town Police Station within 3 days.

As Mr. NJ Dutta, learned Addl. P.P. accepts notice on behalf of the State respondent No.1, hence no formal notice be issued. However, extra copy of the memo of appeal be served to him within 3 days.

List on 05.04.2021.

JUDGE

Comparing Assistant