Kartik Das vs The State Of Assam And Anr
2023 Latest Caselaw 4550 Gua

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GAHC010237272023




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

                                Case No. : I.A.(Crl.)/1023/2023

            KARTIK DAS,
            S/O LATE KHITISH DAS,
            VILL.- BISIMARI,
            P.O. AND P.S.- FAKIRAGRAM,
            DIST.- KOKRAJHAR (B.T.R.), ASSAM, PIN- 783345.


            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE P.P., ASSAM.

            2:RANJIT KR. BISWAS
             S/O SUDHIR CH. BISWAS

            VILL.- RAMNATH PARA

            P.S.- TAMARHAT

            DIST.- DHUBRI
            ASSAM
            PIN- 783332

Advocate for the Petitioner   : MR. M A MONDAL

Advocate for the Respondent : PP, ASSAM

             Linked Case : CRL.A(J)/32/2023

            KARTIK DAS
            S/O LATE KHITISH DAS

            VILL.- BISIMARI
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           P.O. AND P.S.- FAKIRAGRAM

           DIST.- KOKRAJHAR (B.T.R.)
           ASSAM
           PIN- 783345.


           VERSUS

           THE STATE OF ASSAM AND ANR.
           REP. BY P.P.
           ASSAM.

           2:RANJIT KR. BISWAS
           S/O SUDHIR CH. BISWAS

           VILL.- RAMNATH PARA

           P.S.- TAMARHAT

           DIST.- DHUBRI
           ASSAM
           PIN- 783332.
           ------------
           Advocate for : MR. M A MONDAL
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

Date : 08.11.2023

Heard Mr. M. A. Mandal, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Addl. P. P. for the State respondent No.1. This is an application, u/s 389 of Cr. P.C. is preferred by the applicant, namely, Sri Kartik Das for suspension of sentence and granting him bail. It is to be noted here that the petitioner stood convicted, vide judgment and order dated 11.2.2023, passed by the learned Special Judge, POCSO, Dhubri, in Special Page No.# 3/3

Case No. 69/2017 u/s 363 IPC read with Section 4 of the POCSO Act and sentenced him to suffer rigorous imprisonment for a period of five years and also to pay a fine of Rs. 5,000/- with default stipulation u/s 363 IPC and also sentenced to suffer Rigorous imprisonment for 7 years and to pay a fine of Rs.15,000/- with default stipulation u/s 4 of the POCSO Act. Perused the petition and the document placed on record. Let notice be issued to the respondent returnable in two weeks. Steps be taken by respondent No.2 by registered post with A/D and also by usual process within a week from today.

No formal notice is required to be issued to respondent No. 1, since Mr. Mr. B. Sarma, learned Addl. P.P. has appeared and accepted notice. List the matter after two weeks.

JUDGE

Comparing Assistant