Papu Dey @ Samrat Dey vs The State Of Assam And Anr
2022 Latest Caselaw 3672 Gua

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GAHC010145132022




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

                                 I.A.(Crl.)/531/2022

PAPU DEY @ SAMRAT DEY
S/O SRI SUKHOMOY DEY
RESIDENT OF VILLAGE SANIBARI ROAD
GOWALLAPTTY
PS MAKUM
DIST TINSUKIA
ASSAM.


VERSUS

THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP ASSAM

2:MAMPI PAUL
W/O JAYANTA PAUL
RESIDENT OF VILLAGE CHOHA HAPJAN STAFFLINE
 MAKUM
 PS MAKUM
 DIST TINSUKIA
ASSAM
 ------------
Advocate for : MR. P K MUNIR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.



                          In Case No. : Crl.A./165/2022

         PAPU DEY @ SAMRAT DEY
         S/O SRI SUKHOMOY DEY
         RESIDENT OF VILLAGE SANIBARI ROAD, GOWALLAPTTY, PS MAKUM,
         DIST TINSUKIA, ASSAM
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            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:MAMPI PAUL
            W/O JAYANTA PAUL
            RESIDENT OF VILLAGE CHOHA HAPJAN STAFFLINE
             MAKUM
             PS MAKUM
             DIST TINSUKIA
            ASSA

Advocate for the Petitioner   : MR. P K MUNIR

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 20.09.2022 Heard Mr. PK Munir, 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 of the Cr.P.C., the applicant/appellant, who is convicted and sentenced vide the impugned Judgment and Order, dated 27.05.2022, passed in POCSO Case No. 38 (T)/2019 by the learned Additional Sessions Judge -cum- Special Judge (POCSO Act) Tinsukia has prayed for suspension of sentence and to allow him to go on bail.

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 27.05.2022, passed in POCSO Case No. 38 (T)/2019 by the learned Additional Sessions Judge -cum- Special Judge (POCSO Act) Tinsukia, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of Page No.# 3/3

the connected Criminal Appeal No. 165/2022. The applicant/accused, Papu Dey @ Samrat Dey is directed to be released on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge (POCSO Act), Tinsukia.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant