Suniram Garh vs The State Of Assam And Anr
2021 Latest Caselaw 2348 Gua

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GAHC010149272021




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

                          Case No. : I.A.(Crl.)/382/2021
                                        in
                              Crl.A./154/2021


         SUNIRAM GARH
         S/O- LATE HARALAL GARH
         VILL.- DALOABARI PART-II (SINDRIJHORA)
         P.O. DALOABARI
         P.S. AND DIST.- KOKRAJHAR
         PIN- 783370.


          VERSUS

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

         2:GANGA RAM LAKRA
         S/O- FIKU LAKRA
         VILL.- DALOABARI
          HATKHOLA
          P.O. DALOABARI
          P.S. AND DIST.- KOKRAJHAR
          PIN- 783370.

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

Advocate for : MR. A ROSHID Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

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BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA

28-09-2021

This interlocutory application has been filed for suspension of the sentence imposed upon the applicant/appellant vide the judgment and order dated 23.08.2021, convicting and sentencing the applicant/appellant to suffer rigorous imprisonment for 3(three) years and to pay a fine of Rs.10,000/-, with a default clause for commission of offence punishable under Section 8 of the POCSO Act, in Special (P) Case No.15 of 2019, by the learned Special Judge, Kokrajhar.

Heard Mr. A. Roshid, learned counsel for the appellant/applicant. Also heard Mr. Bankim Sarma, learned Additional Public Prosecutor, Assam representing the State Respondent No.1.

It has been submitted by Mr. Roshid, learned counsel for the applicant/appellant that the accused applicant has already been granted bail by the learned Trial Court for one month in connection with the aforesaid case being Special (P) Case No.15 of 2019.

Considering the punishment imposed upon the accused applicant, since the accused applicant has already been on bail, he is allowed to remain on previous bail until further orders. The sentence imposed upon the applicant is suspended till disposal of the appeal.

The interlocutory application stands disposed of accordingly.

JUDGE

Comparing Assistant