Manuj Das vs The State Of Assam And Anr
2022 Latest Caselaw 4169 Gua

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GAHC010218042022




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

                                 Case No. : Crl.A./272/2022

            MANUJ DAS
            S/O ANKUL DAS,
            VILL.- RENGBENG,
            P.S.- KAMPUR,
            DIST.- NAGAON, ASSAM, PIN- 782426.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR.

            2:MIRA PODDAR
            W/O RAMSANDRA PODDAR

            VILL.- RENGANG

            P.S.- KAMPUR

            DIST.- NAGAON
            ASSAM
            PIN- 782426

Advocate for the Petitioner   : MR F KHAN

Advocate for the Respondent : PP, ASSAM
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                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                         ORDER

Date : 31.10.2022

Heard Mr. F Khan, learned counsel for the appellant and Mr. RJ Baruah, learned Additional Public Prosecutor for the respondent No.1.

By this criminal appeal under Section 374 (2) of the CrPC, the appellant has prayed for suspension of the sentence vide order dated 23.09.2022 passed by the learned Special Judge (POCSO), Nagaon, Assam in Special (POCSO) Case No.46 (N)/2021 whereby the appellant has been convicted u/ss 448/354 of the IPC and sentenced him to undergo SI for one year and fine of Rs.5000/- in default SI for one month u/s 354 IPC and SI for one month u/s 448 IPC.

The criminal appeal is admitted.

Call for LCR.

Issue notice to the respondents.

As Mr. RJ Baruah, learned Additional Public Prosecutor, Assam has entered appearance on behalf of the State respondent No.1, no notice need be issued. However, a copy of the memo of appeal along with the documents annexed there with be furnished to the learned Additional Public Prosecutor (Mr. RJ Baruah )during the course of the day.

Appellant to take steps for service of notice on respondent No.2 by registered post with A/D within 3 days.

Having considered the ground of appeal against the judgment and order and also having heard of both sides, this Court is of the opinion that there are good grounds for adjudication. Therefore, the sentence passed against the appellant may be hereby suspended .

Accordingly, the execution of the sentence vide order dated 23.09.2022 passed by the learned Special Judge (POCSO), Nagaon, Assam in Special (POCSO) Case Page No.# 3/3

No.46 (N)/2021 is hereby suspended till disposal of the appeal and till then, the appellant Manuj Das shall remain on previous bail

List after receipt of the LCR.

JUDGE

Comparing Assistant