Dimbeswar Ghatowar vs The State Of Assam And Anr
2023 Latest Caselaw 1584 Gua

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GAHC010059922023




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

                                 Case No. : I.A.(Crl.)/210/2023

            DIMBESWAR GHATOWAR,
            S/O SRI BHANU GHATOWAR,
            RESIDENT OF KETELA PATHAR, PO AND PS BEHALI, DIST SONITPUR,
            ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            NOTICE THROUGH PP ASSAM

            2:SMTI JUNAKI BHUYAN

             W/O SRI KANAI BHUYAN
             RESIDENT OF KETELA PATHAR
             PO AND PS BEHALI DIST SONITPUR
             ASSA

Advocate for the Petitioner   : MR. P J SAIKIA

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./15/2023

            DIMBESWAR GHATOWAR
            S/O SRI BHANU GHATOWAR

            RESIDENT OF KETELA PATHAR
            PO AND PS BEHALI
                                                                                 Page No.# 2/3

           DIST SONITPUR
           ASSAM


           VERSUS

           THE STATE OF ASSAM AND ANR.
           THROUGH PP ASSAM

           2:SMTI JUNAKI BHUYAN

           W/O SRI KANAI BHUYAN
           RESIDENT OF KETELA PATHAR
           PO AND PS BEHALI DIST SONITPUR
           ASSAM
           ------------
           Advocate for : MR. P J SAIKIA
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                    BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 21.04.2023

Heard Mr. P.J. Saikia, learned counsel for the applicant. Also heard Ms. B. Bhuyan, learned Public Prosecutor for the State/respondent No.1. This is an application under Section 389(1) Cr.P.C. praying for granting bail to the applicant in connection with the judgment and order dated 15.11.2022 and sentence dated 22.11.2022 passed by the ld. Special Judge, Biswanath, Biswanath Chariali, in Spl.(POCSO) Case No. 9/2016, whereby convicting the accused/applicant under Section 376 IPC, sentence to undergo r/i for 7(seven) years and to pay a fine of Rs.5,000/- i/d to suffer rigorous imprisonment for another one month.

Issue notice.

The applicant shall take step(s) for service of notice upon the respondent No. 2 by registered post with AD as well as other usual process returnable within 2(two) Page No.# 3/3

weeks. The steps be taken within 3(three) days. No formal notice required to be served upon the respondent No.1 as because Ms. Bhuyan, learned Addl.P.P. has entered appearance.

Extra copy of the petition shall be provided to Ms. Bhuyan.

List the matter after 2(two) weeks.

List accordingly.

JUDGE

Comparing Assistant