Satish Medhi vs The State Of Assam And Anr
2023 Latest Caselaw 3272 Gua

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GAHC010202882022




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

                                 Case No. : I.A.(Crl.)/598/2022

            SATISH MEDHI
            S/O LATE BHOGIRAM MEDHI,
            VILL.- SOBANCHAH,
            P.S.- HAJO,
            DIST.- KAMRUP (RURAL), ASSAM.



            VERSUS

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

            2:NIRU BAISHYA
            W/O JOGEN BAISHYA

            R/O SUBANCHAH

            P.S.- HAJO

            DIST.- KAMRUP (RURAL)
            ASSAM

Advocate for the Petitioner   : MS RUKMINI BARUA

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./246/2022

            SATISH MEDHI
                                                                       Page No.# 2/3

             S/O LATE BHOGIRAM MEDHI

             VILL.- SOBANCHAH

             P.S.- HAJO

             DIST.- KAMRUP (RURAL)
             ASSAM.


             VERSUS

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

             2:NIRU BAISHYA
             W/O JOGEN BAISHYA

             R/O SUBANCHAH

             P.S.- HAJO

             DIST.- KAMRUP (RURAL)
             ASSAM.
             ------------

Advocate for : MS RUKMINI BARUA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

23.08.2023

Heard Ms. R. Barua, learned counsel for the applicant. Also heard Mr. K. K. Parashar, learned counsel Additional Public Prosecutor for the State of Assam.

This is an application filed under Section 389 of Code of Criminal Procedure, Page No.# 3/3

1973 praying for suspension of the operation of the judgment dated 01.09.2022 passed by the learned Sessions Judge, Amingaon, in Sessions Case No. 28/2015 and allowing the applicant to go on bail during the pendency of the connected criminal appeal.

Perused the statement of the victim girl, her cross-examination and the evidence of the Doctor.

Considering the same, this Court is of the view that this is not a fit case where the petitioner is entitled to be enlarged on bail at this stage.

Accordingly, this I.A.(Crl.) stands dismissed.

The Criminal Appeal be listed for Hearing in its own turn.

JUDGE

Comparing Assistant