Gauhati High Court
Mithun Rajbongshi vs The State Of Assam And Anr on 9 August, 2023
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GAHC010170072023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/681/2023
MITHUN RAJBONGSHI,
S/O- SRI GAMBHIR RAJBONGSHI, R/O- VILL.- KALBARI, P.O. AND P.S.
GORESWAR, DIST.- BAKSA, ASSAM, PIN- 781366.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:MANESWAR RAJBONGSHI
S/O SRI RAMESH RAJBONGSHI
R/O VILLAGE KOLBARI
PO AND PS GORESWAR
DIST. BAKSA
ASSAM
PIN-78136
Advocate for the Petitioner : MR. A PAUL
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 09.08.2023
Heard Mr. A. Paul, learned counsel for the applicant. Also heard Ms. N. Das,
learned Additional Public Prosecutor for the respondent.
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This application under Section 389 of the Code of Criminal Procedure, 1973
has been filed by the applicant for suspension of sentence and to allow the
appellant/applicant to go on bail pending disposal of the Criminal Appeal No.
94/2021 wherein the appellant has impugned the judgment and order dated
30.01.2021 passed in Special (POCSO) Case No. 08/2018 by Special Judge,
(POCSO), Baksa whereby the appellant was convicted under Section 4 of the
POCSO Act, 2012 and was sentenced to suffer rigorous imprisonment for a
period of ten years and to pay a fine of Rs.10,000/- and in default of payment
of fine to suffer further simple imprisonment for a term of one month.
The learned counsel for the applicant has fairly submitted that earlier also
the applicant/appellant approached this Court by filing two interlocutory
applications, namely, I.A.(Crl.) No. 199/2021 and I.A.(Crl.) No. 238/2022, both
of which were rejected by this Court. It is submitted that the I.A.(Crl.) No.
199/2021 was disposed of by a Co-ordinate Bench of this Court by its order
25.03.2022 wherein after elaborately discussing the contentions raised by
learned counsel for both sides.
Similarly, the I.A.(Crl.) No. 238/2022 was disposed of, by order dated
28.09.2022 wherein the Registry was directed to fix the Criminal Appeal No.
94/2021 in the month of November, 2022 for final hearing. Now, learned
counsel for the appellant submits that in spite of specific directions of this Court,
to list this Criminal Appeal No. 94/2021 in the month of November, 2022, same
has not been done and the appellant has been languishing behind the bar.
Though, according to learned counsel for the appellant he has good grounds
and possibility of getting a judgment of acquittal in this appeal.
On the other hand, learned Additional Public Prosecutor submits that as
earlier also, on two occasions, the prayer of appellant to suspend the sentence
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as well as conviction and for granting bail to the present appellant was rejected
by this Court, this instant interlocutory application does not deserve favourable
consideration. However, she also fairly submits that in view of the directions
passed earlier by this Court, this Criminal Appeal No. 94/2021 may be
expeditiously heard.
Considering the submissions made by learned counsel for the parties, this
Interlocutory application is disposed of with an observation that, at this stage,
this Court is not inclined to consider the third prayer of suspension of sentence
of the appellant/applicant. However, in view of the clear directions passed by
this Court in earlier interlocutory application, for early listing of Criminal Appeal
No. 94/2021 for expeditiously disposal, the Registry is directed to list the
Criminal Appeal No. 94/2021 for hearing on 7th September, 2023.
This interlocutory application is, accordingly, disposed of.
JUDGE
Comparing Assistant
