Dhaneshwar Das vs The State Of Assam And Anr
2022 Latest Caselaw 1386 Gua

                                                                      Page No.# 1/3

GAHC010194452021




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

                                   Case No. : Crl.A./195/2021

            DHANESHWAR DAS
            S/O LATE BIREN DS, R/O VILL- KHUTABARI PART-II, P.S.-DHUPDHARA,
            DIST- GOALPARA, ASSAM



            VERSUS

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

            2:TARUN DAS
             S/O BANESWAR DAS
             R/O VILL- KHUTABARI PART-II
             P.S.-DHUPDHARA
             DIST- GOALPARA
            ASSAM
             PIN-78312

Advocate for the Petitioner   : MR H DAS

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/519/2021

            DHANESHWAR DAS
            S/O LATE BIREN DS
            R/O VILL- KHUTABARI PART-II
            P.S.-DHUPDHARA
            DIST- GOALPARA
                                                                   Page No.# 2/3

             ASSAM


             VERSUS

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

            2:TARUN DAS
            S/O BANESWAR DAS
             R/O VILL- KHUTABARI PART-II
             P.S.-DHUPDHARA
             DIST- GOALPARA
            ASSAM
             PIN-783123
             ------------
            Advocate for : MR H DAS
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                      BEFORE
                     HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      ORDER

Date : 27.04.2022.

Heard Mr. H. Das, learned counsel for the appellant/applicant. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State.

This application has been filed for suspension of the sentence and for releasing the appellant on bail. The appellant was convicted under Section 376(1) of the IPC. He has been in custody since 23.09.2021.

Mr. Das has submitted that the appellant has already married to the victim girl and they had been living together with their child.

I have gone through the impugned judgment and the evidence of Page No.# 3/3

the victim girl. The victim girl is aged about 25 years. Considering her evidence, this Court is of the opinion that the appellant/applicant deserves to be released on bail at this stage. Accordingly, Mr. Dhaneshwar Das is allowed to go on bail of Rs.25,000/- with a suitable surety of the like amount, to the satisfaction of the Ld. Addl. Sessions Judge, Goalpara. The sentence is also accordingly suspended till the disposal of the appeal. The I/A stands disposed of.

JUDGE

Comparing Assistant