Gauhati High Court
Gauri Sankar Baruah vs The State Of Assam And Anr on 24 May, 2023
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GAHC010245592022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/790/2022
GAURI SANKAR BARUAH
S/O LATE RUPESWAR BARUAH, RESIDENT OF MAGARAHAT CHANGMAI
GAON, PS AND DIST SIVASAGAR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP ASSAM
2:SMTI RUNU MUNDA
W/O SRI SENIRAM MUNDA
RESIDENT OF VILLAGE GELAKAY TAL MORAN GAON
PO AND PS GELAKEY
DIST SIVASAGAR
ASSAM 78569
Advocate for the Petitioner : MR B BURAGOHAIN
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./333/2022
GAURI SANKAR BARUAH
S/O LATE RUPESWAR BARUAH
RESIDENT OF MAGARAHAT CHANGMAI GAON
PS AND DIST SIVASAGAR
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PP ASSAM
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2:SMTI RUNU MUNDA
W/O SRI SENIRAM MUNDA
RESIDENT OF VILLAGE GELAKAY TAL MORAN GAON
PO AND PS GELAKEY
DIST SIVASAGAR
ASSAM 785696
------------
Advocate for : MR B BURAGOHAIN
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. B. Buragohain, 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
Procedure, 1973, is filed for suspension of sentence and grant of bail to the
applicant/appellant, namely, Gauri Sankar Boruah, who has been convicted by the
learned Additional Sessions Judge-cum-Special Judge(POCSO), Sivasagar, in
Special(POCSO) Case No. 30/2022, vide Judgment and Order dated 29.09.2022, and
sentenced to undergo rigorous imprisonment for 4 (four) years with a fine of Rs.5,000/-,
in default, rigorous imprisonment for 3(three) months, for the offence under Section 8 of
POCSO Act. The applicant/appellant was also convicted under Section 448 IPC and
sentenced to undergo rigorous imprisonment for 3(three) months and both the sentences
are directed to run concurrently.
3. It is submitted by the learned counsel for the applicant/appellant that he has been
detained in custody since the date of delivery of judgment. The allegation against the
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applicant/appellant is that he unauthorizedly entered into the house of the informant and
at that time none was present and taking advantage of that, he committed the offence as
alleged in the FIR. Subsequently, a case was registered being Gelakey P.S. Case No.
19/2022 under Sections 448/354A IPC r/w 8 of POCSO Act. However, as a result of
which, he has been convicted. It is also submitted that the learned court passed the
impugned judgment on the basis of presumptions and assumptions, therefore, requires
interference by this Court. In fact, the applicant/appellant did not commit any offence
and there is every possibility of his acquittal. Therefore, the applicant/appellant 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, Gauri
Sankar Boruah is granted bail. Accordingly, he shall be released on bail in connection
with Special(POCSO) Case No. 30/2022, 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 Court below.
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
