Mahabur Islam @ Mahabur Eslam @ ... vs The State Of Assam And Anr
2022 Latest Caselaw 2082 Gua

                                                                                  Page No.# 1/2

GAHC010011522022




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

                                 Case No. : I.A.(Crl.)/32/2022

            MAHABUR ISLAM @ MAHABUR ESLAM @ RAHMAN
            S/O MD. ALI AHMED VILLAGE BARKUR, PS DALGAON, DIST DARRANG,
            ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:MISS BANESA KHATON
             D/O MATLEB ALI
            VILLLAGE BARKUR
             PS DALGAON
             DIST DARRANG
            ASSAM
             78411

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

10.06.2022 (Suman Shyam, J) Heard Mr. A. Ahmed, learned counsel for the applicant. Also heard Ms. B.

Bhuyan, learned senior counsel (Addl. P.P., Assam) assisted by Mr. A. Talukdar, Page No.# 2/2

learned counsel representing the State.

This I.A. has been filed with a prayer to suspend the jail sentence of the

applicant during the pendency of the connected appeal preferred against the

judgment of conviction. The thrust of the argument advanced by Mr. Ahmed

touches upon several aspects concerning the merit of the appeal, which

cannot be properly appreciated by this Court unless the Paper Book is ready.

Therefore, although urgency has been expressed in the matter by the

applicant's counsel, having regard to the law governing POCSO cases, we are

of the view that the best way forward in this case would be to expeditiously

prepare the Paper Book and post the matter thereafter, for consideration of the

I.A..

Since the LCR has already been received, we direct the Registry to

expedite preparation of Paper Book.

Let this matter be listed again on 29.07.2022 with or without the Paper

Book with appropriate office note indicating the stage of preparation of the

Paper Book.

The prayer made in the I.A. shall be considered accordingly.

                                           JUDGE                                  JUDGE



Comparing Assistant