Tapan Kumar Seal vs The State Of Assam
2021 Latest Caselaw 2261 Gua

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GAHC010110882021




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

                          Case No. : I.A.(Crl.)/365/2021
                                        in
                              Crl.A./149/2021


         TAPAN KUMAR SEAL
         S/O- SRI LANKESWAR SEAL
         R/O- LACHIT NAGAR UNDER DIBRUGARH POLICE STATION IN THE
         DISTRICT OF DIBRUGARH
         ASSAM

          VERSUS

         THE STATE OF ASSAM
         REP. BY THE PUBLIC PROSECUTOR
         ASSAM

         ------------

Advocate for : MR Z KAMAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 21-09-2021

This application has been filed under Section 389(2) of the Code of Criminal Procedure, praying for suspension of the imposed vide judgment and order dated 25.03.2021 passed by the learned Sessions Judge, Dibrugarh, in POCSO Case No.49/2018 convicting the applicant/appellant under Section 354-(A)(i) of the Indian Penal Code and sentencing him to Page No.# 2/2

undergo rigorous imprisonment for a period of one year and convicted under Section 8 of the POCSO Act and sentencing him to rigorous imprisonment for three years, with default clause, as well as for granting bail/allowing him to remain on previous bail since the petitioner is punished for one year and three years respectively under Section 354-(A)

(i) of the IPC and Section 8 of the POCSO Act with a direction to run concurrently.

Heard Mr. Z. Kamar, learned senior counsel for the applicant/appellant.

Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appears and accepts notice on behalf of the respondents.

Hence, no formal notice need be issued upon the said respondent.

The applicant is already granted bail by the learned Court below, vide order dated 25.3.2021 till production of an appropriate stay order.

This Court would like to examine the records for granting bail or suspension of the sentence. However, since the same can be done only after perusal of the LCR.

Since the LCR has already been called for in the connected criminal appeal, therefore, the applicant/appellant is allowed to remain on previous bail till the matter is listed in the second week of November, 2021.

List this interlocutory application along with the connected criminal appeal in the second week of November, 2021.

JUDGE

Comparing Assistant