Bhaben Das vs The State Of Assam And Anr
2022 Latest Caselaw 1929 Gua

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GAHC010055922021




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

                                Case No. : I.A.(Crl.)/178/2021

            BHABEN DAS
            S/O- SRI DHARANI DAS, R/O- VILL.- MADHUKUCHI, P.O. MADHUKUCHI,
            P.S. RANGIA, DIST.- KAMRUP, ASSAM, PIN- 781354.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR, ASSAM.

            2:TAPAN DAS
             S/O- LATE KAPIL DAS
             R/O- VILL.- MADHUKUCHI
             P.O. MADHUKUCHI
             P.S. RANGIA
             DIST.- KAMRUP
            ASSAM
             PIN- 781354

Advocate for the Petitioner   : MR A PAUL

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                            ORDER

Date : 01-06-2022

Heard Mr. A Paul, learned counsel for the applicant/appellant as well as Ms. SH Bora, Page No.# 2/2

learned Addl. P.P., Assam for the State respondent No. 1. Also heard Ms. G Deka, learned counsel for the informant.

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 22.01.2021, passed in Special (P) Case No. 6/2019 ( corresponding to Rangia PS Case No.90/2016) by the learned Special Judge, Kamrup, Rangia under Section 341 of the IPC r/w Section 8/10 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 22.01.2021, passed in Special (P) Case No. 6/2019 by the learned Special Judge, Kamrup, Rangia, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 85/2021. The applicant/accused is directed to be released on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge ( POCSO Act), Kamrup, Rangia.

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

JUDGE

Comparing Assistant