Huzur Ali vs The State Of Assam And Anr
2022 Latest Caselaw 2132 Gua

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GAHC010036212022




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

                                 Case No. : I.A.(Crl.)/86/2022

            HUZUR ALI
            S/O- MD. DAYAL UDDIN SHEIKH, R/O- VILL. AND P.O. CHIRAKUTHA, P.S.
            CHAPAR, DIST.- DHUBRI, ASSAM., PIN-783371



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE P.P., ASSAM

            2:DHIREN BARMAN
             S/O- LATE PRATAP BARMAN
            VILL.- GAMARIMURI
             SANTIBON SUPA
             P.O. AND P.S. BELSOR
             DIST.- NALBARI
            ASSA

Advocate for the Petitioner   : MR. M U MONDAL

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                           ORDER

15.06.2022

Heard Mr. M.U. Mondal, learned counsel for the applicant/appellant as well Page No.# 2/3

as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.

By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant, who is convicted vide the impugned Judgment and Order, dated 15.03.2021, passed in Spl. (P) Case No. 02/2018 by the learned Special Judge (POCSO Act), Nalbari and sentenced to undergo R.I. for 5 years and fine of Rs. 10,000/-, in default, to undergo S.I. for 3 months under Section 8 of the POCSO Act, has prayed for suspension of sentence and to allow him to go on bail.

I have perused the impugned judgment and order, dated 15.03.2021 as well as the grounds cited in the application.

It is noticed that the accused/applicant has passed about 1 year 3 months in jail serving out the sentence and also underwent 90 days in custody as an under-trial prisoner.

On hearing the learned counsel for both sides as well as considering the grounds cited in the petition, this Court finds it appropriate to suspend the sentence passed against the accused/applicant and to release him on bail pending hearing of the connected Criminal Appeal No. 111/2021.

Accordingly, it is provided that the operation of the sentence passed vide the impugned Judgment and Order, dated 15.03.2021, in Spl. (P) Case No. 02/2018 by the learned Special Judge (POCSO Act), Nalbari shall remain stayed till disposal of the connected Criminal Appeal No. 111/2021. 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 Page No.# 3/3

learned Special Judge (POCSO Act), Nalbari.

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

JUDGE

Comparing Assistant