Page No.# 1/2 vs The State Of Assam
2023 Latest Caselaw 2714 Gua

                                                         Page No.# 1/2

GAHC010144472023




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

                        Case No. : I.A.(Crl.) 599/2023
                             in Crl. A. 251/2023


         ARTI PATOR RATHORE AND 2 ORS.
         W/O SUMIT RATHORE
         VILL.- LAJWANA KALAN
         P.S.- JHULANA
         DIST.- JHULANA
         STATE- HARYANA.

         2: SUMIT RATHORE
         S/O SURESH RATHORE
         VILL.- LAJWANA KALAN
          P.S.- JHULANA
          DIST.- JHULANA
          STATE- HARYANA.

         3: ANKIT RATHORE
         S/O SURESH RATHORE
         VILL.- LAJWANA KALAN
         P.S.- JHULANA
         DIST.- JHULANA
         STATE- HARYANA.
         VERSUS

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

         ------------
         Advocate for : MR. D K KOTHARI
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 19.07.2023

Heard Mr. D. K. Kothari, learned counsel for the applicants. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State/respondent.

By this interlocutory application, the applicants have prayed for suspension of the impugned judgment and orders, dated 11.05.2023 and 17.05.2023, passed by the learned Special Judge, Dima Hasao at Haflong in Special (POCSO) Case No. 07/2020 and to allow them to go on bail.

Having heard the learned counsel of both sides and also having considered the ground of appeal against the impugned judgment and order, this Court is of the opinion that there are good grounds for adjudication. Therefore, the sentence passed against the applicants, pending the connected appeal, may be suspended.

Accordingly, the sentence passed in Special (POCSO) Case No. 07/2020 by the learned Special Judge, Dima Hasao at Haflong is hereby suspended till disposal of Crl. Appeal No. 251/2023 and till then, the applicants are directed to be released on bail of Rs. 40,000/- each with two sureties of the like amount to the satisfaction of the said learned Special Judge (POCSO Act), Dima Hasao, Haflong, subject to the condition that out of the two sureties, one must be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned Court below shall return the original documents retaining legible scanned copy thereof on record for future reference.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant