Saddam Hussain @ Saddam vs The State Of Assam And Anr
2022 Latest Caselaw 187 Gua

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GAHC010080132021




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

                             Case No. : I.A.(Crl.)/263/2021
                                  In Crl.A./118/2021


           SADDAM HUSSAIN @ SADDAM
           S/O NABUR ALI
           VILL-DHANBANDHA
           P.S.-BARPETA
           DIST-BARPETA
           ASSAM

           VERSUS

           THE STATE OF ASSAM AND ANR.
           (NOTICE THROUGH THE PUBLIC PROSECUTOR
            ASSAM)

           2:MD. KURBAN ALI
           S/O LATE RAIZUDDIN MIYA
           VILL-DHANBANDHA
            P.S.-BARPETA DIST-BARPETA
           ASSAM
            PIN-781314
            ------------
           Advocate for : MR. R ALI
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR.

                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

Date : 20.01.2022

Heard Mr. H. A. Ahmed, learned counsel for the applicant/appellant as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent No. 1.

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By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant, who is convicted and sentenced vide the impugned Judgment and Order, dated 03.04.2021, passed in Special POCSO Case No. 92/2018 by the learned Special Judge, Barpeta, has prayed for suspension of sentence and to allow him to go on bail.

LCR has been received.

On scrutiny of the evidence on record, it is prima facie revealed that there is evidence to show that the accused/applicant sexually assaulted the victim minor girl, who was a student of class-VII as defined in Section 7 of the POCSO Act subject to detail hearing on merit of the connected appeal.

It is noticed that the accused/applicant has already served out nearly 1 (one) year of imprisonment out of the substantive period of Rigorous Imprisonment for 3 (three) years since he was remanded in judicial custody on 29.01.2021. Presently, the third wave of Covid-19 pandemic is on.

In view of the above and on hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 03.04.2021, passed in Special POCSO Case No. 92/2018 by the learned Special Judge, Barpeta, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 118/2021. The applicant/accused is directed to be released on bail of Rs.30,000/- (Rupees Twenty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge, Barpeta.

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

JUDGE

Comparing Assistant