Santosh Singh Yadav vs The State Of Assam And Anr
2023 Latest Caselaw 3363 Gua

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GAHC010116682023




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

                                   I.A.(Crl.)/497/2023

          SANTOSH SINGH YADAV
          S/O JHULLAN YADAV R/O IJARI P.S SHUHAWAL DIST- GHAZIPUR UTTAAR
          PRADESH PIN 232336


           VERSUS

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

          2:MRIDULA THOUSEN
          W/O RUPSON THOUSEN R/O LILALONG RAILWAY COLONY P.S.
          BORLANGPHER DIST. KARBI ANGLONG ASSAM
           ------------
          Advocate for : MR S DEWRI
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                    ORDER

Date : -25.08.2023 Heard Mr. S Dewri, learned counsel for the applicant/appellant. Also heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor for the State/respondent.

By this interlocutory application, the applicant/appellant, namely, Santosh Singh Yadov has prayed for suspension of the execution of the Page No.# 2/2

impugned judgment and order, dated 29.04.2023 passed by the learned Special Judge (POCSO Act), Karbi Anglong, Diphu in POCSO Case No. 03/2014 whereby he has been convicted under Section 8 of the POCSO Act and to allow him to go on bail.

Having considered the ground in the memo of appeal against the impugned judgment and order and also having heard of both sides, it is prima facie noticed, subject to detail hearing on merit, this Court is of the opinion that there are good grounds for adjudication. Therefore, the sentence passed against the applicant/appellant pending the connected appeal is hereby suspended.

Accordingly, the sentence vide POCSO Case No. 03/2014 passed by the learned Special Judge (POCSO Act), Karbi Anglong, Diphu by order, dated 29.04.2023 is hereby suspended till disposal of the connected appeal and till then, the applicant/appellant is directed to be released on bail of Rs. 40,000/- with one surety of the like amount to the satisfaction of the said learned Special Judge (POCSO Act), Karbi Anglong.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant