P.S. And Dist.- Tinsukia vs The State Of Assam And Anr
2022 Latest Caselaw 3925 Gua

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GAHC010202892022




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

                           Case No. : I.A.(Crl.)/596/2022

         AMAL SARKAR
         S/O LATE MONINDRA SARKAR

         R/O SRIPURIA
         TINGRAI HABI GAON

         P.O.- SRIPURIA

         P.S. AND DIST.- TINSUKIA
         ASSAM.


          VERSUS

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

         2:SOMA SINGHA CHOUDHURY
         (MINOR)

         REP. BY HER MOTHERNAMELY ANJANA SINGHA CHOUDHURY

         D/O NIRMAL SINGHA CHOUDHURY

         R/O SRIPURIA

         P.S. AND DIST.- TINSUKIA
         ASSAM.
          ------------
         Advocate for : MR. P J SAIKIA
          SR. ADV
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

29.09.2022

Heard Mr. P.J. Saikia, learned Sr. Counsel appearing 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(1) Cr.P.C., the applicant/appellant, who is convicted vide impugned Judgment and Order, dated 21.09.2022, passed in POCSO Case No. 14(T)/2019, by the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Tinsukia and sentenced to undergo R.I. for 3 years 6 months with fine of Rs. 20,000/-, in default, to undergo R.I. for 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 perused the impugned judgment and order.

Considering the grounds cited in the petition and on perusal of the impugned Judgment and Order, dated 21.09.2022, passed in POCSO Case No. 14(T)/2019, by the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Tinsukia, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 245/2022. 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 Addl. Sessions Judge-cum-Special Judge (POCSO), Tinsukia.

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

JUDGE

Comparing Assistant