Iswar Barman vs The State Of Assam And Anr
2022 Latest Caselaw 572 Gua

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GAHC010026132022




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

                          Case No. : I.A.(Crl.)/66/2022



         ISWAR BARMAN
         S/O LATE HEMANTA BARMAN RESIDENT OF VILLAGE ANGARKATA
         BINOYAPUR
          PS TAMULPUR
          DIST BAKSA
          BTAD
          ASSAM


          VERSUS


         THE STATE OF ASSAM AND ANR
         REPRESENTED BY PP ASSAM


         2:SRI SWAPAN BASUMATARY
         S/O LATE BISNU BASUMATARY RESIDENT OF VILLAGE NO. 8
         KHADAMGURI (BOGAJULI) PS TAMULPUR
         DIST BAKSA
         BTAD
         ASSAM


         ------------
         Advocate for : MR. B CHOWDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
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                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                       ORDER

Date : 18-02-2022

The applicant-appellant is represented by Mr. B Chowdhury, learned counsel.

The State respondent No. 1 is represented by Mr. BB Gogoi, learned Additional Public Prosecutor.

This interlocutory application has been filed seeking an order to allow the applicant-appellant to remain on previous bail as granted by the learned court below as well as suspension of the sentence imposed upon the applicant by the learned court below vide judgment and order, dated 11.01.2022, passed by the learned Additional District & Sessions Judge-cum-Special Judge, Baksa, Mushalpur in SPL POCSO Case No. 67/2018 convicting the applicant-appellant to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Rs. 5,000/- with a default clause for the offence punishable under Section 8 of the POCSO Act.

Perused the application as well as the contents thereof. Since the applicant-appellant has already been granted bail till filing of the connected criminal appeal, the same is ordered to be continued and the sentence imposed upon him is also suspended till disposal of the connected criminal appeal, subject to however deposit of the fine amount before the learned court below within 15 days from today. In the event, the fine is not deposited in accordance with this order, the order suspending the sentence as well as granting bail shall automatically stand vacated.

This interlocutory application shall be placed again before this Court along Page No.# 3/3

with the connected criminal appeal on which date the applicant-appellant shall produce proof as to deposit of the fine amount.

List the matter on 29th March, 2022.

JUDGE

Comparing Assistant