Samru Choudhury vs The State Of Assam And Anr
2023 Latest Caselaw 532 Gua

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GAHC010008652023




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

          I.A.(Crl.)/91/2023

         SAMRU CHOUDHURY
         S/O LATE BHANI CHOUDHURY
         R/O PANIPATH
         UTTAR PUB GEETANAGAR
         P.S.- NOONMATI
         DIST.- KAMRUP (M)
         ASSAM.


          VERSUS

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

         2:AFRUJA BEGUM
         W/O MD. SAIFUR RAHMAN

         C/O BIPUL SAIKAI

         UTTAR PUB GEETANAGAR
         PANIPATH

         P.S.- NOONMATI

         DIST.- KAMRUP (METRO)
         ASSAM.
         ------------
         Advocate for : MR. R CHETRI
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                :: BEFORE ::
                 HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                O R D E R

13.02.2023

Heard the learned counsel Mr. R. Cheri appearing for the appellant/appellant who submits that the sentence imposed upon the applicant/appellant by the impugned judgment and order dated 17.12.2022 passed by the Sessions Judge-cum-Special Judge (POCSO), Kamrup(M), Assam in Sessions Special Case No.46/2021 under Section 12 of the POCSO Act should be stayed. He also submits that the applicant/appellant who is on bail should be allowed to remain on previous bail.

Ms. S.H. Borah, the learned Addl. Public Prosecutor, Assam representing the State submits that she has no objection if the prayer of the applicant/appellant is allowed.

In view of the submission made by the learned counsels for the parties and on perusal of the pleadings, this Court suspends the sentence imposed upon the applicant/appellant by the impugned judgment and order dated 17.12.2022 passed by the Sessions Judge-cum-special Judge (POCSO), Kamrup(M), Assam in Sessions Special Case No.46/2021 under Section 12 of the POCSO Act.

The bail allowed to the applicant/appellant shall continue till final disposal of the appeal.

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The Interlocutory Application is disposed of accordingly.

JUDGE

Comparing Assistant