Pawan Pareek vs The State Of Assam
2022 Latest Caselaw 3519 Gua

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GAHC010184302022




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

                                 I.A.(Crl.)/529/2022

     PAWAN PAREEK
     S/O BRIJLAL PAREEK
     R/O AATHGAON PUKHURIPAR
     P.S.- BHARALUMUKH
     DIST.- KAMRUP (M)
     ASSAM.


          VERSUS

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


------------
Advocate for : MR N J DAS
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM



                          In Case No. : Crl.A./222/2022

         PAWAN PAREEK
         S/O BRIJLAL PAREEK,
         R/O AATHGAON PUKHURIPAR,
         P.S.- BHARALUMUKH,
         DIST.- KAMRUP (M), ASSAM.



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



Advocate for the Petitioner   : MR N J DAS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                             ORDER

Date : 13.09.2022 Heard Mr. NJ Das, learned counsel for the applicant/appellant. Also heard Mr. BB Gogoi, learned Addl. Public Prosecutor for the State opposite party.

By this interlocutory application under Section 389 (3) of the CrPC, the applicant has prayed for suspension of the sentence vide Judgment and order dated 05.09.2022 passed by the learned Special Judge (POCSO Act) Kamrup(M) in Sessions Case No. 244/2019, whereby the applicant has been convicted and sentenced to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 5,000/-, in default, simple imprisonment for 2 months under Section 8 of the POCSO Act.

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

Accordingly, the sentence passed vide Judgment and order dated 05.09.2022 by the learned Special Judge (POCSO Act) Kamrup(M) in Sessions Case No. 244/2019 is hereby suspended till disposal of the connected Criminal Appeal No. 222/2022 and the applicant/appellant is hereby directed to remain on previous bail.

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The interlocutory application stands disposed of.

JUDGE

Comparing Assistant