Dipjyoti Deka vs The State Of Assam And Anr
2022 Latest Caselaw 1387 Gua

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GAHC010069452022




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

                                    Case No. : Crl.A./56/2022

            DIPJYOTI DEKA
            S/O GOBINDA DEKA
            VILLAGE DAHA, PS MANGALDAI, DIST DARRANG, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:NIKUMONI DEKA
             D/O LATE MADAN DEKA
            VILLAGE DAHA
             PS MANGALDAI
             DIST DARRANG
            ASSA

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/152/2022

            DIPJYOTI DEKA
            S/O GOBINDA DEKA VILLAGE DAHA
            PS MANGALDAI
            DIST DARRANG
            ASSAM
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             VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:NIKUMONI DEKA
            D/O LATE MADAN DEKA VILLAGE DAHA
             PS MANGALDAI
             DIST DARRANG
            ASSAM
             ------------
            Advocate for : MR H R A CHOUDHURY
            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. A. Ahmed, learned counsel for the appellant/applicant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State.

This application has been filed under Section 389 of the Code of Civil Procedure praying for suspension of sentence and releasing of the appellant/applicant on bail during the pendency of the appeal.

The prosecutrix and the appellant was in love and they married in a temple. The girl insisted the appellant in a social marriage but the same could not be done because of family members of the appellant is against the said marriage. By that time, they cohabited and the victim girl became pregnant. She ultimately gave birth a child and also the appellant was convicted under Section 376 IPC.

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Mr. Ahmed has submitted that the so called victim has also filed a case under Section 125 Cr.P.C. seeking maintenance from the appellant.

Mr. Parasar, learned Addl. Public Prosecutor has referred to its objection and objected to the bail prayer.

I have given my anxious consideration to the submissions made by the learned counsel for both sides. This Court is of the opinion that the given circumstances of the case, the appellant/applicant does not deserve to be detained in custody for any further period of time.

Therefore, the impugned judgment and order dated 24.03.2021 passed by ld. Addl. Sessions Judge (FTC), Darran, Mangaldai in Sessions case No. 143(DM)/2017 shall remain stayed till disposal of the appeal.

The appellant/applicant is allowed to go on bail of Rs.20,000/- with a suitable surety of the like amount, to the satisfaction of the ld. Addl. Sessions Judge (FTC), Darran, Mangaldai.

The I/A stands disposed of.

JUDGE

Comparing Assistant