Gauhati High Court
Nazrul Rahman vs The State Of Assam And Anr on 24 May, 2023
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GAHC010074642023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/285/2023
NAZRUL RAHMAN
S/O LATE SIDDIK ALI,
R/O SANTAK 107 GRANT,
P.S.- BIHUBOR,
DIST.- SAVASAGAR, PIN- 785687, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P., ASSAM.
2:REKHA PATNAYAK
W/O GOPAL PATNAYAK
R/O OUGURIJAN
MADRASIGHAT
P.S.- BIHUBOR
DIST.- SIVASAGAR
PIN- 785687
ASSAM
Advocate for the Petitioner : MR. P DUTTA
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./49/2023
NAZRUL RAHMAN
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S/O LATE SIDDIK ALI
R/O SANTAK 107 GRANT
P.S.- BIHUBOR
DIST.- SAVASAGAR
PIN- 785687
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P.
ASSAM.
2:REKHA PATNAYAK
W/O GOPAL PATNAYAK
R/O OUGURIJAN
MADRASIGHAT
P.S.- BIHUBOR
DIST.- SIVASAGAR
PIN- 785687
ASSAM.
------------
Advocate for : MR. P DUTTA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 24.05.2023
Heard Mr. P. Dutta, learned counsel for the applicant/appellant and Mr. P. Barthakur,
learned Additional Public Prosecutor for the State of Assam.
2. This interlocutory application under Section 389 of the Code of Criminal
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Procedure, 1973, is filed for suspension of sentence and grant of bail to the
applicant/accused, namely, Nazrul Rahman, who has been convicted by the learned
Additional Sessions Judge-cum-Special Judge(POCSO), Sivasagar, in Special(POCSO)
Case No. 19/2022, vide Judgment and Order dated 11.01.2023, and sentenced to
undergo Rigorous Imprisonment for 4 (four) years with a fine of Rs.5,000/-, in default,
simple imprisonment for 3(three) months, for the offence under Section 8 of POCSO
Act.
3. It is submitted by the learned counsel for the applicant/accused that he has been
detained in custody since the date of delivery of judgment. The allegation against the
accused/applicant is that he committed bad acts upon the informant's minor daughter
and subsequently, a case was registered being Bihubor P.S. Case No. 01/2022 under
Sections 276(3)/511 IPC r/w 8 of POCSO Act. However, as a result of which, he has
been convicted. It is also submitted that the victim had refused to do medical
examination however, it would create a serious doubt of the case of the prosecution and
the applicant is entitled to get benefit of doubt. He further stated that there is every
possibility of acquittal in the case. Therefore, the applicant may be enlarged on bail
during pendency of the appeal.
4. On the other hand, Mr. Barthakur, learned Additional Public Prosecutor has raised
no objection to the prayer of the applicant/accused, for releasing him on bail during the
pendency of the appeal.
5. Considering the submissions made by the learned counsel for the parties as well as
the documents annexed with the application, the accused/applicant, namely, Nazrul
Rahman is granted bail. Accordingly, he shall be released on bail in connection with
Special(POCSO) Case No. 19/2022, on furnishing bail bonds of Rs. 30,000/- (Rupees
Thirty Thousand Only) with two suitable sureties of the like amount, to the satisfaction
of the learned Additional Sessions Judge-cum-Special Judge(POCSO), Sivasagar, on
conditions to be imposed by the learned trial court.
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6. The impugned judgment and order(s) are also stayed until disposal of the connected
appeal.
7. This interlocutory application stands disposed of accordingly.
8. The connected appeal be listed in due course.
JUDGE
Comparing Assistant
