Pranab Das vs The State Of Assam And Anr
2022 Latest Caselaw 5149 Gua

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GAHC010264122022




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

                            Case No. :   I.A.(Crl.)/827/2022



         PRANAB DAS
         S/O BHADRESWAR DAS
         R/O DAKHALA
         P.O.- PALASHBARI
         P.S.- PALASHBARI
         PIN- 781122
         DIST.- KAMRUP (R)
         ASSAM.


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY THE P.P.
         ASSAM.

         2:LABANYA DAS
         W/O TAPAN DAS

         R/O DAKHALA
         SATRAPARA

         P.O.- PALASHBARI

         P.S.- PALASHBARI
          PIN- 781122
          DIST.- KAMRUP (R)
         ASSAM.
          ------------
         Advocate for : MS. S PARVEEN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                                BEFORE
                           HON'BLE MRS. JUSTICE MALASRI NANDI
                                                 ORDER

22.12.2022 Heard Ms S Parveen, learned counsel for the applicant/appellant and Mr P S Lahkar, learned Additional Public Prosecutor for the State of Assam/respondent No. 1.

This is an application filed by the applicant/appellant under Section 389 of the Code of Criminal Procedure, 1973, praying for suspension of the Judgment and Order dated 29.11.2022, passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Amingaon, Kamrup (Rural) in Special (P) Case No. 22 of 2017, whereby the appellant was convicted under Section 8 of the POCSO Act and sentenced to undergo RI for 3 (three) years and a fine of Rs. 30,000/- only, in default of payment of fine, Simple Imprisonment for 6 (six) months, during the pendency of the appeal.

It is submitted by the learned counsel for the petitioner that the accused appellant is in jail since the date of judgment, i.e., 29.11.2022, for the last one month and there are contradictions in the statement of the victim recorded under Section 164 CrPC and the statements of witnesses. The school certificate seized during investigation was also not exhibited and proved.

It is further submitted by the learned counsel for the petitioner that since the victim became major, she was married to the petitioner. Now, they are living as husband and wife and as such, learned counsel for the petitioner has prayed for suspending the sentence and to release the accused appellant on bail.

The learned Additional Public Prosecutor has made no objection to release the accused appellant at this stage.

I have considered the submissions made by the learned counsel for both the parties.

In view of above, it is directed that till disposal of the appeal, the impugned sentence vide Judgment and Order dated 29.11.2022 is stayed. Accordingly, Pranab Das is allowed to go on bail of Rs. 30,000/- with one surety of the like amount to the satisfaction of the learned Special Judge, POCSO, Amingaon in connection with Special (P) Case No. 22/2017. The learned Special Judge is Page No.# 3/3

at liberty to impose any condition, if it deems appropriate at the time of releasing the applicant/appellant.

Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant