Sukra Majhi vs The State Of Assam And Anr
2022 Latest Caselaw 3033 Gua

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GAHC010097202022




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

                         Case No. : I.A.(Crl.)/431/2022
                              In Crl.A./180/2022


         SUKRA MAJHI
         S/O- LATE GHONO MAJHI
         RESIDENT OF NO. 1
         SUNDARPUR GAON
         P.S. BOGIJAN
         DIST. GOLAGHAT
         ASSAM
         PIN- 782490.


          VERSUS

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

         2:JANAKLAL MAJHI (INFORMANT)
         S/O- LATE BUDHU MAJHI
          R/O- NO. 1 SUNDARPUR GAON
          P.S. BOGIJAN
          DIST. GOLAGHAT
         ASSAM
          PIN- 782490.
          ------------
         Advocate for : MR. N J GOGOI
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                      BEFORE
                      HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                  HON'BLE MRS. JUSTICE SUSMITA PUKHAN KHAUND
                                           :: O R D E R ::

17.08.2022 [N. Kotiswar Singh, J] Heard Mr. N.J. Gogoi, learned Legal Aid Counsel appearing for the applicant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the State.

The present application has been filed for granting bail to the accused/applicant during the pendency of the Criminal Appeal No.180/2022 against the judgment dated 24.12.2021 passed by learned Special Judge, POCSO, Golaghat in Special (POCSO) Case No.11 of 2022 arising out of Bogijan P.S. Case No.87/2019 registered under Section 376 (DA) IPC read with Section 4 of the POCSO Act, 2012 by which the appellant/applicant was convicted under Section 6 of the POCSO Act and was sentenced to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs.5,000/- (Rupees five thousand) and in default, to suffer Rigorous Imprisonment for another period of 3(three) months.

Issue notice, returnable within 2(two) weeks.

Ms. S. Sahan, learned Additional Public Prosecutor, Assam accepts notice on behalf of respondent No.1

Applicant to take steps for service of notice upon the respondent No.2 the informant, namely, Sri Janaklal Maji, father of the victim girl, by registered post with A/D.

List the matter after 2(two) weeks along with Crl.A. No.90/2022.

                                          JUDGE                                  JUDGE




Comparing Assistant