Monowar Hussain @ Monee vs The State Of Assam And Anr
2022 Latest Caselaw 3260 Gua

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GAHC010082692022




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

                                Case No. : I.A.(Crl.)/201/2022

            MONOWAR HUSSAIN @ MONEE
            S/O LATE ASANULLA @ ASHAN ALI VILLAGE SONPURA, PO JANIA, PS
            KALGACHIA, DIST BARPETA, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:JABED ALI
             S/O LATE HAMED ALI
            RESIDENT OF SONPURA
             PO JANIA
             PS KALGACHIA
             DIST BARPETA
            ASSA

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

26.08.2022

Heard Mr. A. Ahmed, learned counsel for the applicant/appellant as well as Page No.# 2/2

Ms. S.H. Bora, learned Addl. P.P., Assam appearing for the State respondent No.

1.

By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant, who is convicted vide the impugned Judgment and Order, dated 07.04.2022, passed by the learned Addl. Sessions Judge cum Special Judge (POCSO), Barpeta in Special POCSO Case No. 116/2018 and sentenced to undergo R.I. for 5 years along with payment of fine of Rs. 10,000/-, in default, to undergo R.I. for another 6 months u/s 8 of the POCSO Act, has prayed for suspension of sentence and to allow him to go on bail.

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 07.04.2022, passed by the learned Addl. Sessions Judge cum Special Judge (POCSO), Barpeta in Special POCSO Case No. 116/2018 as well as the averments made in the application, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 77/2022. The applicant/accused is directed to be released on bail of Rs.40,000/- (Rupees Forty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge, (POCSO Act), Barpeta.

With the above directions, the Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant