Babar Ali vs The State Of Assam And Anr
2023 Latest Caselaw 2191 Gua

                                                                    Page No.# 1/3

GAHC010186762022




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

                          Case No. : I.A.(Crl.)/547/2022

         BABAR ALI
         S/O HABIBAR RAHMAN RESIDENT OF JADABPUR
         PS BAGHBAR
         DIST BARPETA
         ASSAM


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY PP ASSAM

         2:SUKUR MIAH @ ALI
         S/O BISHU MIAH
          RESIDENT OF JADAVPUR
          MOUZA MANDIRA
          PS BAGHBAR
          DIST BARPETA
         ASSAM
          ------------
         Advocate for : MR. A PARAMANIK
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                    ORDER

25.05.2023

Heard Mr. A. Paramanik, learned counsel for the applicant/appellant as well Page No.# 2/3

as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent No.1. Also heard Mr. A. Ali, learned counsel for the informant /respondent No.2.

By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant, who is convicted vide the impugned Judgment and Order, dated 14.07.2022, passed by the learned Special Judge (POCSO Act), Barpeta in Special POCSO Case No. 72/2020 (G.R. Case No.3732/2020 arising out of Baghbar P.S. Case No.252/2020) and sentenced to undergo R.I. for 10(ten) years with fine of Rs.20,000/-, in default, to undergo R.I. for 1 year u/s 4(1) of the POCSO Act read with Section 376(1) of the IPC, has prayed for suspension of sentence and to allow him to go on bail.

In view of the grounds of appeal in the connected Criminal Appeal No. 228/2022, this Court finds that there are sufficient questions of law and facts for adjudication. The applicant/appellant has been in judicial custody for the last 300 days.

Upon hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 14.07.2022, passed by the learned Special Judge (POCSO Act), Barpeta in Special POCSO Case No. 72/2020 (G.R. Case No.3732/2020 arising out of Baghbar P.S. Case No.252/2020), it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No.228/2022. The applicant/accused is directed to be released on bail of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of like amount to the satisfaction of the learned Special Judge (POCSO Act), Barpeta subject to the condition that out of the two sureties, one must be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned Court below shall return the original documents Page No.# 3/3

retaining legible scanned copy thereof on record for future reference.

With the above directions, the Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant