Bijoy Rabha vs The State Of Assam And Anr
2023 Latest Caselaw 3352 Gua

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GAHC010190102023




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

                                 Case No. : I.A.(Crl.)/765/2023

             BIJOY RABHA
             S/O LATE SHYAM RABHA,
             VILL.- CHAKARDO MIKIRPARA. DIST.- KAMRUP (M), ASSAM.



             VERSUS

             THE STATE OF ASSAM AND ANR.
             REP. BY THE PP, ASSAM

             2:ALAKA DAS
             W/O DILIP DAS

             R/O DEEPOR BEEL CHOKORDOW
             P.S.- AZARA
             DIST.- KAMRUP (M)
             ASSAM
             PIN- 781017

Advocate for the Petitioner   : MR J DAS

Advocate for the Respondent : PP, ASSAM

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

25.08.2023 Page No.# 2/2

Heard Mr. J. Das, learned counsel for the applicant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

This is an application under Section 389 of the Code of Criminal Procedure, 1973 praying for allowing the accused/applicant to remain on previous bail and also for suspension of the impugned judgment dated 21.06.2023 passed 21.06.2023 passed by the learned Additional Sessions Judge-Cum-Special Judge (POCSO), Kamrup (M) in Sessions Case No. 267/2017 convicting the applicant to suffer Rigorous Imprisonment of 2 (two) years and to pay a fine of Rs. 10,000/- and in default of payment thereof to suffer Simple Imprisonment for another 6 (six) months for the offence under Section 451 I.P.C.

The connected appeal has already been admitted.

Considered the materials available on record including the grounds of appeal, period of sentence, it is provided that the applicant shall be allowed to remain on previous bail granted by the learned Court below.

This Interlocutory Application (Crl) stands disposed of.

JUDGE

Comparing Assistant