Shyamal Deb @ Shyamal Dev vs The State Of Assam And Anr
2023 Latest Caselaw 1760 Gua

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GAHC010089102023




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

                            Case No. : I.A(Crl) 346/2023


         SHYAMAL DEB @ SHYAMAL DEV
         S/O LATE SUDHYANA DEB
         R/O PASHIM MASAULI
         P.O.- KUMARIGHAT
         P.S.- KUMARIGHAT
         DIST.- UNUKHUTI
         STATE- TRIPURA.

          VERSUS

         THE STATE OF ASSAM AND ANR.
         S/O LATE SUDHYANA DEB
         R/O PASHIM MASAULI
         P.O.- KUMARIGHAT
         P.S.- KUMARIGHAT
         DIST.- UNUKHUTI
         STATE- TRIPURA.

         2:SANATAN KARMAKAR
         S/O LATE SUDHIR KARMAKAR
          R/O BASISTHA NAGAR
          KALIBARI ROAD
          P.S.- BASISTHA
          GUWAHATI- 29.
          ------------
         Advocate for : MR. T DEURI
         Advocate for : appearing for THE STATE OF ASSAM AND ANR.
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                                 BEFORE
              HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                            ORDER

Date : 03.05.2023

Heard Mr. T Deuri, learned counsel for the applicant and Mr. D Das, learned Addl. PP, appearing for the State.

The applicant Shyamal Deb @ Shyamal Dev has filed an application under section 389 Cr.P.C., with prayer for suspension of sentence. The applicant was convicted under section 366-A IPC to undergo RI for 3 years and to pay a fine of Rs.10,000/- with default stipulation and under section 8 of the POCSO Act to undergo RI for 3 (three) years and to pay a fine of Rs.10,000/- with default stipulation. Both the sentences are to run concurrently.

The applicant has preferred an appeal against the judgment and order of conviction and sentence dated 28.03.2023 passed by the learned Additional Sessions Judge, POCSO in Sessions Case No.209/2020.

I have considered the submissions at the bar. The applicant is already on previous bail. The order of conviction and sentence dated 28.03.20232023 passed by the learned Additional Sessions Judge, POCSO in Sessions Case No.209/2020, which has been impugned by the applicant is suspended until further orders.

The I.A stands disposed of.

JUDGE

Comparing Assistant