Gauhati High Court
Aman Tirkey vs The State Of Assam And Anr on 26 May, 2023
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GAHC010111412023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./178/2023
AMAN TIRKEY
S/O SANTOSH TRIKEY,
VILL.- BETALI T.E LINE 8,
P.O. AND P.S.- MAZBAT,
DIST.- UDALGURI, ASSAM, PIN- 784507.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P., ASSAM.
2:SATRUGHAN ROBI DAS
S/O LT. SADHU ROBI DAS
VILL.- BETALI T.E LINE 8
P.O. AND P.S.- MAZBAT
DIST.- UDALGURI
ASSAM
PIN- 784114
Advocate for the Petitioner : MR. S CHAUHAN
Advocate for the Respondent : PP, ASSAM
Linked Case : I.A.(Crl.)/429/2023
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AMAN TIRKEY
S/O SANTOSH TRIKEY
VILL.- BETALI T.E LINE 8
P.O. AND P.S.- MAZBAT
DIST.- UDALGURI
ASSAM
PIN- 784507.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P.
ASSAM.
2:SATRUGHAN ROBI DAS
S/O LT. SADHU ROBI DAS
VILL.- BETALI T.E LINE 8
P.O. AND P.S.- MAZBAT
DIST.- UDALGURI
ASSAM
PIN- 784114.
------------
Advocate for : MR. S CHAUHAN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 26.05.2023
Heard Mr. S. Chauhan, 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
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applicant/accused, namely, Aman Tirkey, who has been convicted by the learned Special
Judge, Udalguri, in Special(POCSO) Case No. 41/2018, vide Judgment and Order dated
29.04.2023, and sentenced to undergo Simple Imprisonment for 3(three) years with a
fine of Rs.2,000/-, in default, simple imprisonment for 3(three) months, for the offence
under Section 8 of POCSO Act, 2012.
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. He further submits that
initially the case was registered under Section 12 of POCSO Act and subsequently,
charge was framed under Section 8 of POCSO Act. However, as a result of which, he
has been convicted. There is no allegation against the applicant/accused regarding
committing of such offence which falls under the provision of Section 8 of POCSO Act.
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. I have considered the submissions made by the learned counsel for the parties as
well as the statement of the victim who had stated that the applicant/accused tried to
commit such offence as alleged in the FIR.
6. In view of above, the accused/applicant, namely, Aman Tirkey is granted bail.
Accordingly, he shall be released on bail in connection with Special(POCSO) Case No.
41/2018, 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 Special
Judge(POCSO), Udalguri , on conditions to be imposed by the learned trial court.
6. The impugned judgment and order(s) are also stayed until disposal of the connected
appeal.
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7. This interlocutory application stands disposed of accordingly.
8. The connected appeal be listed in due course.
JUDGE
Comparing Assistant
