Sana Das @ Mitul Das vs The State Of Assam And Anr
2022 Latest Caselaw 3728 Gua

                                                                   Page No.# 1/2

GAHC010177942022




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

                           Case No. : I.A.(Crl.)/558/2022


         SANA DAS @ MITUL DAS
         S/O SRI LILADHAR DAS
         RESIDENT OF GANAKKUCHI
         PATHERHATI
         JAIL ROAD
         BARPETA
         P.S AND DIST.- BARPETA
         ASSAM


          VERSUS

         THE STATE OF ASSAM AND ANR
         REPRESENTED BY PP
         ASSAM

         2:SRI HITESH DAS
         S/O LATE NOLARAM DAS

         RESIDENT OF METUAKUCHI

         SANTI NAGAR
         BARPETA TOWN
         DIST BARPETA
         ASSAM 781301
         ------------
         Advocate for : MR. U CHOUDHURY
         Advocate for : appearing for THE STATE OF ASSAM AND ANR
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                         ORDER

22.09.2022

Heard Mrs. P.B. Bordoloi, learned counsel for the applicant/appellant as well as Ms. S.H. Bora, 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 vide the impugned Judgment and Order, dated 18.12.2020, passed by the learned Special Judge, Barpeta in Special (POCSO) Case No. 56/2019 and sentenced to undergo R.I for 5(five) years with fine of Rs.10,000/-, in default, to undergo S.I. for another 6 months u/s 8 of the POCSO Act, has prayed for suspension of sentence and to allow him to go on bail.

I have heard the learned counsel for both sides and considered the grounds cited in the application along with the documents annexed thereto.

On hearing the learned counsel for both sides and perusal of the Judgment and Order, dated 18.12.2020, passed by the learned Special Judge, Barpeta in Special (POCSO) Case No. 56/2019, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 231/2022. The applicant/appellant is directed to be released on bail of Rs.40,000/- (Rupees Forty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge, Barpeta

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

JUDGE

Comparing Assistant