Sri Dipak Kalita vs The State Of Assam And Anr
2021 Latest Caselaw 2434 Gua

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GAHC010160492021




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

                                 Case No. : I.A.(Crl.)/402/2021

            SRI DIPAK KALITA
            S/O- LATE KHAGEN KALITA, VILL.- SADILAPUR, P.S. PALASHBARI, DIST.-
            KAMRUP(R).



            VERSUS

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

            2:SMTI. MAMONI DAS
            W/O- DHIREN DAS
            VILL.- SADILAPUR
             P.O. AND P.S. PALASHBARI
             DIST.- KAMRUP(R)
             PIN- 781128

Advocate for the Petitioner   : MR. M H ANSARI

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./291/2019

            SRI DIPAK KALITA
            S/O- LATE KHAGEN KALITA
            VILL.- SADILAPUR
            P.S. PALASHBARI
            DIST.- KAMRUP(R).
                                                                           Page No.# 2/3


    VERSUS

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

    2:SMTI. MAMONI DAS
    W/O- DHIREN DAS
    VILL.- SADILAPUR
     P.O. AND P.S. PALASHBARI
     DIST.- KAMRUP(R)
     PIN- 781128.
     ------------

Advocate for : MR. M H ANSARI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR

-Befor e-

Hon'ble Mr. Justice ROBIN PHUKAN

06.10.2021

This application under Section 389 Cr.P.C. is preferred for suspension of sentence and to release the applicant Shri Dipak Kalita on bail during the pendency of the appeal.

It is to be mentioned herein that the appellant was convicted vide judgment and order dated 20.05.2019 passed by the learned Special Judge, Kamrup, Amingaon in Special Sessions (POCSO) Case No. 15/2014 and under Section 6 of the POCSO Act and sentenced him to undergo Rigorous Imprisonment for a period of 10(ten) years and to pay fine of Rs. 10,000/- in default to suffer rigorous imprisonment for 10(ten) months.

Heard Mr. A. Ahmed, learned counsel for the petitioner and also heard Mr. B. Sharma, learned Addl. P.P. appearing for the State.

Issue notice to the respondents, returnable on 08.11.2021 Since, Mr. B. Sharma, learned Addl. P.P. has entered appearance for the Page No.# 3/3

respondent No. 1, no formal notice will not be required. However, extra copies of this petition be served to the learned Addl. P.P. during the course of the day.

The petitioner side to take steps upon the respondent No. 2 by registered post with A/D and also by usual process through the jurisdictional police station.

Mr. B. Sharma, learned Addl. P.P. submits that the state will file objection here in this case and therefore, he prays for some time for the same.

Prayer is allowed.

List on 08.11.2021.

JUDGE

Comparing Assistant