Tapan Chetia vs The State Of Assam And Anr
2023 Latest Caselaw 1315 Gua

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GAHC010060632023




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

                           Case No. : I.A.(Crl.)/254/2023


         TAPAN CHETIA
         S/O SRI DIKON CHETIA
         RESIDENT OF VILLAGE HANCHOWA GAON
         PS GOLAGHAT
         DIST GOLAGHAT
         ASSAM


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY PP ASSAM

         2:SRI DULAL BORUAH
         S/O LATE DIGENDRA NATH BORUAH
          RESIDENT OF VILLAGE CHETIAGAON
          PS AND DIST GOLAGHAT
         ASSAM
          ------------
         Advocate for : MR. K BORUAH
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                     ORDER

29.03.2023

Heard Mr. K. Boruah, learned counsel for the applicant/appellant. Also Page No.# 2/2

heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent No. 1.

By this interlocutory application under Section 389(1) Cr.P.C., the applicant/appellant, who is convicted vide the impugned Judgment and Order, dated 13.03.2023, passed in Special (POCSO) Case No. 13/2020, by the learned Special Judge (POCSO Act), Golaghat and sentenced to undergo S.I. for 3 months u/s 448 of the IPC and to undergo R.I. for 4 years with fine of Rs.2,000/-, in default, to undergo R.I. for another 1 month under Section 8 of the POCSO Act, has prayed for suspension of sentence and to allow him to go on bail.

I have heard the learned counsel for both sides and considered the grounds cited in the application along with the documents annexed thereto.

Upon hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 13.03.2023, passed in Special (POCSO) Case No. 13/2020, by the learned Special Judge (POCSO Act), Golaghat, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 107/2023. The applicant/accused is directed to be released on bail of Rs.20,000/- (Rupees Twenty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge (POCSO Act), Golaghat.

With the above directions, the Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant