Sona Besra @ Mandal vs The State Of Assam
2023 Latest Caselaw 849 Gua

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GAHC010036512017




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

                                Case No. : CRL.A(J)/63/2017

             SONA BESRA @ MANDAL


             VERSUS


             THE STATE OF ASSAM


Advocate for the Petitioner   : AMICUS CURIAE


Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 01-03-2023 (M. Zothankhuma, J)

Heard Mr. D Talukdar, learned counsel appearing on behalf of the appellant, Ms. S Jahan, learned Additional Public Prosecutor appearing for the State respondent No. 1 and Ms. K Phukan, learned counsel appearing for the respondent No. 2.

The counsels for all the parties submit that this present Crl.A.(J) No. Page No.# 2/3

63/2017 can be closed, as the appellant has been declared a Juvenile, vide order dated 25.01.2023 passed in I.A.(Crl.) No. 217/2022, inasmuch as the appellant was a minor at the time of commission of the offence, as reflected in paragraph 12 of the order dated 25.01.2023.

Para 20 to 23 of the order dated 25.01.2023 passed in I.A.(Crl.) No. 217/2022 are reproduced herein below:-

"20. Clearly, the offence that is alleged to have been committed by the applicant/appellant during the time when the Act, 2000 was in force. Hence, in view of these observations and also in view of the guidelines in the case of Devilal (supra), the Judgment of the Hon'ble Supreme Court, we are of the view that this application is fit to be allowed. Accordingly, the interlocutory application is allowed.

21. The sentence of Life Imprisonment pertaining to the applicant, Sri Sona Besra @ Mandal, in connection with Sessions Case No. 116(U) of 2014, is set aside and the matter is remitted to the Jurisdictional Juvenile Justice Board through the Court of learned Sessions Judge, Udalguri, for necessary action in accordance with law.

22. It is provided that the applicant/appellant, Sri Sona Besra @ Mandal shall be released on bail on furnishing bail bond of Rs. 25,000/-, with one surety of the like amount to the satisfaction of the learned Sessions Judge, Udalguri, subject to his appearance before the Jurisdictional Juvenile Justice Board, within 15 days from the date of release.

23. Interlocutory Application stands disposed of." A perusal of para 12 of the order dated 25.01.2023 passed in I.A.(Crl.) No. 217/2022 shows that the appellant was a Juvenile at the time of commission of the offence, due to which his sentence under Sections 302/376 IPC has been set aside. Further, the matter has been remitted to the jurisdictional Juvenile Justice Board through the learned Sessions judge, Udalguri for necessary action in accordance with law.

In view of the above, this criminal appeal has become infructuous and is Page No.# 3/3

accordingly disposed of.

JUDGE JUDGE

Comparing Assistant