Rubul Das @ Bihari vs The State Of Assam And Anr
2023 Latest Caselaw 3457 Gua

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GAHC010188122023




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

                          Case No. : I.A.(Crl.)/761/2023


         RUBUL DAS @ BIHARI
         S/O SANKAR DAS
         R/O WARD NO. 2
         PALASHBARI
         P.O. AND P.S.- PALASHBARI
         DIST.- KAMRUP
         ASSAM.


          VERSUS


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

         2:MALATI DAS
         W/O LT. RATNESWAR DAS
          R/O PALASHBARI WARD NO. 2
          P.O. AND P.S.- PALASHBARI
          DIST.- KAMRUP
         ASSAM.


         ------------
         Advocate for : MR P SARMA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                 ORDER

30.08.2023

Heard Mr. K. Pathak, learned counsel for the appellant and Ms. S.H. Bora, learned Addl. P.P. for the State respondent.

2. This interlocutory application, under Section 389 of the Cr.P.C., is preferred by the applicant namely, Rubul Das @ Bihari for granting him bail during the pendency of the appeal preferred by him against the judgment and order dated 20.07.2023, passed by the learned Addl. Sessions Judge-Cum- Special Judge [POCSO], Kamrup at Amingaon, in Spl [P] Case No. 45/2019, whereby the learned court below has convicted the appellant under Sections 341/366 of the IPC and sentenced the appellant to suffer simple imprisonment for 1 month and also to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 30,000/- with default stipulation and further sentenced the appellant to suffer simple imprisonment for 6 months.

3. It is to be noted here that the applicant has preferred one appeal against the aforesaid judgment and order which has already been admitted and the record has already been called for.

4. Mr. Pathak, learned counsel for the applicant submits that the applicant is already allowed to go on bail by the learned court below and till disposal of the appeal he prays for allowing the applicant to remain on previous bail.

5. Having heard the submissions of learned counsel for both the parties and also having considered the facts and circumstances on record the applicant is allowed to remain on previous bail.

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6. In terms of above, this IA stands disposed of.

JUDGE

Comparing Assistant