Sahinur Ali vs The State Of Assam And Anr
2021 Latest Caselaw 2731 Gua

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GAHC010180562021




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

                          Case No. : I.A.(Crl.)/466/2021




         SAHINUR ALI
         S/O- LATE SAH ALOM
         VILL.- KANKATA
         P.S. RANGJULI
         DIST.- GOALPARA
         ASSAM


          VERSUS

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

         2:MD. SURUT ZAMAN
         S/O- LATE SUKUR ALI
         VILL.- KANKATA
          P.S. RANGJULI
          DIST.- GOALPARA
         ASSAM

         ------------
         Advocate for : MR. J AHMED
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                     ORDER

Date : 08-11-2021

This interlocutory application has been filed seeking suspension of the judgment and order, dated 04.10.2021, passed by the learned Special Judge, Goalpara, in Special (POCSO) Case No. 11/2019 convicting the applicant/appellant to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 10,000/- for the offence under Section 8 of the POCSO Act, to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs. 5,000/- with a default clause for the offence under Section 354 of the IPC and to undergo simple imprisonment for a period of 3 months and to pay a fine of Rs. 1000/- with a default clause for the offence under Section 448 of the IPC and to allow the applicant to remain on previous bail.

Since the punishment in the instant case is three years, the learned court below has granted bail to the applicant/appellant for a limited period of time. However, since the connected criminal appeal is admitted, this Court is of the view that till disposal of the same, the applicant/appellant shall remain on previous bail.

The sentence imposed upon the applicant/appellant stands suspended till disposal of the connected Criminal Appeal No. 177/2021.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant