Bitupan Talukdar @ Petla vs The State Of Assam And Anr
2023 Latest Caselaw 419 Gua

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GAHC010019852023




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


                               Case No: I.A.(Crl.)/65/2023



         BITUPAN TALUKDAR @ PETLA
         S/O LT. BIPIN TALUKDAR
         R/O SAHID NAGAR
         NOONMATI UNDER NOONMATI POLICE STATION IN THE DISTRICT OF
         KAMRUP (M)
         GUWAHATI.


          VERSUS

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

         2:MANISHA BEGUM
         S/O LT. MANTU BEGUM

         R/O SAHID NAGAR
         NOONMATI UNDER NOONMATI POLICE STATION IN THE DISTRICT OF
         KAMRUP (M)
         GUWAHATI
         PIN- 781020.
         ------------
         Advocate for : MR P CHOUDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                       ORDER

Date : 07.02.2023

Heard Mr. P. Choudhury, learned counsel for the applicant. Also heard Ms. S.H. Borah, learned APP for the State.

2. By this application under section 389(2) Cr.P.C., the applicant has prayed for staying/suspending the operation of the judgment and order dated 06.01.2023, passed by the learned Special Judge (POCSO), Kamrup (Metropolitan), Guwahati in Sessions (POCSO) Case No. 417/2018, thereby convicting the appellant under section 4/18 of the POCSO Act to undergo rigorous imprisonment for 3 (three) years and fine of Rs.5,000/- with default stipulation.

3. Issue notice returnable on 15.03.2023.

4. No formal steps is required to be taken in respect of opposite party no.1, as the State is represented by the learned APP.

5. The appellant shall take steps within 2 days for service of notice on opposite party no. 2 by registered post with A/D as well as by usual process through jurisdictional Magistrate in terms of Gauhati High Court Rules.

6. The learned counsel for the applicant has prayed for the release of the applicant on bail, which is objected to by the learned APP.

7. On consideration that by order dated 06.01.2023, passed by the learned Special Judge (POCSO), Kamrup (Metropolitan), Guwahati in Sessions (POCSO) Case No. 417/2018, the applicant was allowed to remain on previous bail and on considering that the sentence of rigorous imprisonment for 3 (three) years with default stipulation was imposed on the applicant by judgment and Page No.# 3/3

order dated 06.01.2023, the Court is inclined to release the applicant on bail on furnishing fresh bail bond of Rs.1,00,000/- (Rupees one lakh only) with one solvent surety of like amount to the satisfaction of learned Special Judge (POCSO), Kamrup (Metropolitan), Guwahati.

8. Along with the bail bond, the applicant shall also submit an undertaking before the Court of learned Special Judge (POCSO), Kamrup (Metropolitan), Guwahati to surrender before the said learned Court to suffer the sentence awarded against him in the event the appeal is decided against the applicant.

9. In the event, the family members of the applicant approaches the concerned jail where he is presently lodged, the Jailor would allow the family members to get the signature of applicant on the undertaking to be submitted along with the bail bond. In this regard, the applicant is permitted to produce a certified copy of this order before the Jailor concerned to do the needful.

10. List on 15.03.2023.

JUDGE

Comparing Assistant