Sri Sanjib Rabha vs The State Of Assam And Anr
2022 Latest Caselaw 3546 Gua

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GAHC010065672020




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

                                 Case No. : I.A.(Crl.)/533/2020

            SRI SANJIB RABHA
            S/O- SRI SAMUDRA RABHA, R/O- VILL.- PACHIM MANIKPUR, P.S.
            PALASBARI, DIST.- KAMRUP, GUWAHATI, ASSAM.

            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PUBLIC PROSECUTOR, ASSAM

            2:BARUN SANGMA
             S/O- SRI BAGA RAM DAS
             R/O- VILL.- BORJURI
             P.S. PALASBARI-781128

Advocate for the Petitioner   : MR. K K KALITA

Advocate for the Respondent : PP, ASSAM

             Linked Case : Crl.A./62/2021

            SRI SANJIB RABHA
            S/O- SAMUDRA RABHA

            R/O- VILLAGE PACHIM MANIKPUR
            P.S.- PALASBARI
            DISTRICT- KAMRUP
            GUWAHATI
            ASSAM.

             VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP
            ASSAM
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          2:BARUN SANGMA
          S/O- BAGA RAM DAS
           R/O- VILLAGE BORJURI
           P.S.- PALASBARI-781128.
           ------------
          Advocate for : MR A TALUKDAR
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                    ORDER

Date : 14.09.2022

Heard Mr. B. Prasad, learned counsel for the applicant/appellant as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent No. 1.

By this interlocutory application under Section 389(2) Cr.P.C., the applicant/appellant, who is convicted and sentenced vide the impugned Judgment and Order, dated 19.03.2018, passed in Special Sessions (POCSO) Case No. 09/2014 by the learned Sessions Judge, Kamrup at Amingaon, has prayed for suspension of sentence and to allow him to go on bail.

Without going deep into the merit of the case and considering the fact that the applicant/appellant has served out the sentence of 5 years out of 10 years of imprisonment, subject to final hearing on the connected appeal, it is provided that the operation of the sentence passed in Special Sessions (POCSO) Case No. 09/2014 on 19.03.2018 shall remain stayed till disposal of the connected Criminal Appeal No. Page No.# 3/3

62/2021. The applicant/accused is directed to be released on bail of Rs.40,000/- with one surety of like amount to the satisfaction of the learned Sessions Judge, Kamrup at Amingaon.

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

JUDGE

Comparing Assistant