Mobarak Ali vs The State Of Assam And Anr
2022 Latest Caselaw 1870 Gua

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GAHC010090682021




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

                                Case No. : I.A.(Crl.)/266/2021

            MOBARAK ALI
            S/O. ABDUL KHALIL, R/O. VILL. NO. 3 KAWADI, P.S. BIJNI, DIST. CHIRANG,
            BTAD, ASSAM, PIN- 783391



            VERSUS

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

            2:SAHAR ALI
             S/O. LATE AZIMUDDIN
             R/O. VILL. NO.3 KAWADI
             P.S. BIJNI
             DIST. CHIRANG
             BTAD
            ASSAM
             PIN- 78339

Advocate for the Petitioner   : MR. A S CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

30.05.2022

Heard Mr. A. Ahmed, learned counsel for the applicant/appellant as well as Page No.# 2/2

Ms. S.H. Bora, 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 vide the impugned Judgment and Order, dated 17.09.2018, passed by the learned Special Judge, Bijni in Special (P) Case No. 15(B)/2018 and sentenced to undergo S.I. for 6 months u/s 448 of the IPC and to undergo R.I. for 7 years and to pay fine of Rs.5,000/- in default, to undergo S.I. for another 3 months under Section 376 of the IPC, has prayed for suspension of sentence and to allow him to go on bail.

It is noticed that the applicant/appellant has been in judicial custody since 17.09.2018, that is, for 3 years 8 months 13 days.

On hearing the learned counsel for both sides and considering the grounds cited in the application, without going deep into the merit of the case, this Court is of the opinion that as the accused applicant has served out substantial part of the sentence, he may be released on bail pending the connecting appeal.

Accordingly, it is provided that the operation of the sentence passed in the impugned Judgment and Order, dated 17.09.2018, by the learned Special Judge, Bijni in Special (P) Case No. 15(B)/2018 shall remain stayed till disposal of the connected Criminal Appeal No. 393/2018. 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 learned Special Judge (POCSO Act), Bijni, Chirang.

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

JUDGE

Comparing Assistant