Masum Nur Siddique @ Masum Ali vs The State Of Assam And Anr
2022 Latest Caselaw 2127 Gua

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GAHC010051472021




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

                            Case No. : I.A.(Crl.)/167/2021

          MASUM NUR SIDDIQUE @ MASUM ALI
          S/O. MD. ABDUL SK.
          R/O. VILL. JOGIR MAHAL PT-I,
          P.S. BILASIPARA, DIST. DHUBRI

          VERSUS

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

          2:MR. NUR AMIN HOQUE
           S/O LT. MISER UDDIN SK
          RESIDENT OF VILLAGE JOGIR MAHAL PT-I
          PO BARKANDA
          PS BILASPARA
           DIST DHUBRI
           78334

Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM

                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

14.06.2022

Heard Mr. I. A. Hazarika, learned counsel for the applicant/appellant as well as Mr. B. B. Gogoi, 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 17.05.2018, passed by the learned Special Judge, Bilasipara, Dhubri in Special Case No. 14/2017 (corresponding to GR Case No. 1315/17) under Section 448/506/34 IPC read with Section 4 of 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 17.05.2018, passed by the learned Special Judge, Bilasipara, Dhubri in Special Case No. 14/2017, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 246/2018.

The applicant/accused has undergone 50% of the period of sentence awarded as such it is directed that he 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, Bilasipara, Dhubri.

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

JUDGE

Comparing Assistant