Nehar Uddin vs The State Of Assam And Anr
2022 Latest Caselaw 2244 Gua

                                                                 Page No.# 1/2

GAHC010061392021




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




             I.A.(Crl.)/201/2021

            NEHAR UDDIN
            S/O- JOYNAL ABEDIN
            VILL.- BOROTOLI PT-II
            P.S. KATIGOARH
            DIST.- CACHAR.


            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REP. BY THE PUBLIC PROSECUTOR
            ASSAM.

            2:KULSUMA BEGUM
            D/O- LATE ASAB ALI
            VILL.- BOROITOLI PT-II
             P.S. KATIGORAH
             DIST.- CACHAR.
             ------------
            Advocate for : MR. N H LASKAR
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                     ORDER

Date : 28.06.2022 Page No.# 2/2

Heard Mr. A. Ahmed, learned counsel appearing for the applicant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor, Assam.

This is an application filed under Section 389 Cr.P.C. for suspension of sentence and for releasing of applicant on bail during the pendency of the appeal.

I have gone through the evidence of the victim girl as well as the medical officer who examined the victim girl during the period of investigation.

I have also gone through the objection filed by the State.

This Court is of the opinion that the impugned judgment deserves to be suspended and the petitioner deserves to be released on bail during pendency of the appeal.

This view of this Court is fortified by the fact that during the trial of the case the petitioner was on bail.

Accordingly, the prayer of the petitioner is allowed. The judgment and order dated 20.02.2021 passed by the learned Additional Sessions Judge (Special Judge) in Special Sessions Case No.7/2016 shall remain suspended till disposal of the appeal. The petitioner Nehar Uddin is allowed to go on bail of Rs.25,000/- with a surety of the like amount to the satisfaction of the learned Additional Sessions Judge(Special Judge) Cachar, Silchar.

I.A. stands disposed of.

JUDGE

Comparing Assistant