Bipin Rai @ Ray vs The State Of Assam
2022 Latest Caselaw 2179 Gua

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GAHC010146442021




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

                             Case No. : I.A.(Crl.)/431/2021

           BIPIN RAI @ RAY
           S/O- SHIV SHANKAR RAY, R/O- WARD NO. 3, BALUCHAR NEAR
           JOGOMAYA GHAT, P.S., P.O. AND DIST.- DHUBRI, ASSAM, PIN- 783301.

           VERSUS

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

Advocate for the Petitioner : MRS J D KHAUND
Advocate for the Respondent : PP, ASSAM

                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

24.06.2022 Heard Ms. J. D. Khaund, learned counsel for the applicant/appellant as well as Mr. P. S. Lahkar, learned Addl. P.P., Assam appearing for the State respondent No. 1.

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 25.08.2021, passed in Special Case No. 104/2018 by the learned Special Judge, Dhubri has prayed for suspension of sentence and to allow him to go on bail whereby the accused/appellant has been convicted under Section 448 of IPC sentencing him to undergo simple Page No.# 2/3

imprisonment for 1 year and under section 4 of POCSO Act to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs.5000/- only in default, to undergo simple imprisonment for 6 months and also that both the sentences shall run concurrently.

It is noticed that the appellant/applicant has been in jail custody for 480 days.

The medical report revealed no evidence of sexual intercourse on the person of the victim girl. The radiological examination revealed that her age on the date of examination (18.05.2018) was 17½ years to 18½ years.

A perusal of the evidence on record including the statements of the victim recorded under Sections 161 and 164 Cr.P.C., it appears that there is prima facie incriminating material against the appellant/applicant. However, subject to a detailed hearing on evidence of both sides, on consideration of the length of detention serving out the sentence and the grounds cited in the connected appeal, this Court is of the opinion that further continuation of detention of the appellant/applicant is not warranted till disposal of the appeal.

Accordingly, it is provided that the operation of the sentence awarded by the impugned judgment and order dated 25.08.2021 passed in Special Case No. 104/2018 shall remain suspended till disposal of the connected Criminal Appeal No. 214/2020.

The applicant/accused is directed to be released on bail of Rs.50,000/- (Rupees Twenty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge, Dhubri.

With the above directions, the Interlocutory Application stands Page No.# 3/3

disposed of.

JUDGE

Comparing Assistant