Citation : 2023 Latest Caselaw 2738 Gua
Judgement Date : 24 July, 2023
Page No.# 1/2
GAHC010159232023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case : I.A.(Crl.)/621/2023
FULBOR ALI @ FULBAR ALI
S/O JAFAR ALI RESIDENT OF VILLAGE SATIPUR
PS KAJALGAON
DIST CHIRANG
ASSAM 783385
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY PP ASSAM
2:SIRAJUL HOQUE
S/O LATE KADER ALI
RESIDENT OF VILLAGE SATIPUR
VILLAGE SATIPUR
PS KAJALGAON
DIST CHIRANG
ASSAM 783385
------------
Advocate for : G UDDIN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
24.07.2023 Page No.# 2/2
Heard Mr. G. Uddin, learned counsel for the applicant/appellant as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent No. 1.
By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant, who is convicted and sentenced vide the impugned Judgment and Order, dated 28.06.2023, passed in Special (POCSO) Case No. 11/2021 by the learned Special Judge (POCSO), Chirang has prayed for suspension of sentence and to allow him to go on bail.
On hearing the learned counsel for both sides and on perusal of the averment made in the application, it is provided that the operation of the sentence passed vide judgment and order dated 28.06.2023, passed in Special (POCSO) Case No. 11/2021 by the learned Special Judge (POCSO), Chirang therein shall remain stayed till disposal of the connected Criminal Appeal No. 260/2023 and the applicant/accused is allowed to remain on previous bail.
With the above directions, the Interlocutory Application stands disposed of.
JUDGE
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