Sibu Sarkar vs The State Of Assam And Anr
2023 Latest Caselaw 864 Gua

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GAHC010264822022




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


                                 Case No. : I.A.(Crl.)/831/2022

            SIBU SARKAR
            S/O- SRI PORITOSH SARKAR, R/O- VILL.- BAGICHAGAON, P.S. ROWTA,
            DIST. UDALGURI, ASSAM, PIN- 784508.


            VERSUS


            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM


            2:HEMANTA BISWAS
             S/O- LATE HIRENDRA BISWAS
             R/O- VILL.- KHASUWABIL
             KOPATI
             P.S. AND P.O. ROWTA
             DIST. UDALGURI
            ASSAM
             PIN- 784508


Advocate for the Petitioner   : MR. S S S RAHMAN


Advocate for the Respondent : PP, ASSAM
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                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                     ORDER

Date : 02-03-2023 (M. Zothankhuma, J)

Heard Mr. MR Sodial, learned counsel for the applicant, who submits that the applicant has been convicted under Section 302 IPC, vide judgment and order dated 28.07.2022, passed by the learned Sessions Judge, Udalguri in Sessions Case No. 61/2017. He submits that the applicant had prayed for suspension of the sentence and release of the applicant on bail under Section 389 Cr.PC earlier vide I.A.(Crl.) No. 521/2022. The same was dismissed vide order dated 28.09.2022.

The learned counsel for the applicant submits that the present application is for suspension of the sentence and grant of bail to the applicant, on the ground that the statement made by the daughter of the applicant and the deceased, was done after she was tutored, while being in the house of her maternal aunt.

Ms. B Bhuyan, learned Additional Public Prosecutor appears for the State and submits that as no new grounds have been furnished by the applicant, the present application should be dismissed.

On considering the submissions made by the learned counsels for the parties and on perusing para 7 of the order dated 28.09.2022 passed in I.A. (Crl.) No. 521/2022, we find that the ground for suspension of the sentence and grant of bail taken in this application, has already been decided in the earlier application, wherein this Court had held that the question of the child being tutored before she gave her testimony, will be duly considered at the time of Page No.# 3/3

hearing of the appeal. As no new grounds are forthcoming in this application, the same stands rejected.

Interlocutory application stands disposed of accordingly.

                                         JUDGE                    JUDGE




Comparing Assistant