Swapan Das vs The State Of Assam And Anr
2023 Latest Caselaw 461 Gua

Citation : 2023 Latest Caselaw 461 Gua
Judgement Date : 8 February, 2023

Gauhati High Court

Swapan Das vs The State Of Assam And Anr on 8 February, 2023

                                                               Page No.# 1/2

GAHC010018872023




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


                             Case : I.A.(Crl.)/83/2023

         SWAPAN DAS
         S/O LATE RAMONI DAS
         R/O KHARIJA DOLAIGAON PART II
         P.S.- BONGAIGAON
         DIST.- BONGAIGAON.


          VERSUS

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

         2:BALESWAR PRASAD SINGH
         S/O LATE LILA SINGH

         R/O KHARIJA DOLAIGAON

         P.S. AND DIST.- BONGAIGAON.
          ------------
         Advocate for : MR. A AHMED
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.



                              BEFORE
           HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                   ORDER

Date : 08.02. 2023 Heard Mr. A. Ahmed, learned counsel for the applicant Swapan Das and Page No.# 2/2

Mr. BB Gogoi, learned Addl. Public Prosecutor for the State respondent No. 1.

The applicant has filed this application under Section 389 Cr.P.C. with a prayer for suspension of sentence and to remain on previous bail till disposal of the criminal appeal in connection with Judgment and order dated 11.01.2023 passed by the learned Special Judge (POCSO), Bongaigaon in Special (P) Case No. 10(BGN)/2021 wherein the applicant was convicted and sentenced to suffer rigorous imprisonment for one year ( 1 year) for the offence under Section 354(D) IPC with fine and default stipulation and rigorous imprisonment one year for the offence under Section 12 of the POCSO Act with fine and default stipulation .

I have considered the submissions at the Bar.

The learned counsel for the applicant submitted that the applicant will co- operate with the trial in connection with Special (P) Case No. 10(BGN)/2021.

In view of the above and considering submission of the learned counsel for the applicant, operation of the impugned order of sentence dated 11.01.2023 is hereby suspended and the prayer to remain on previous bail is allowed till the disposal of the appeal.

The I.A. stands disposed of.

JUDGE

Comparing Assistant