Page No.# 1/2 vs The State Of Assam
2023 Latest Caselaw 4241 Gua

                                                                         Page No.# 1/2

GAHC010230322023




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

                                 Case No. : I.A(Crl) 984/2023

            DEBEN BAISHYA
            S/O LATE RAMESWAR BAISHYA,
            VILL.- BONGSHAR, P.S.- SUALKUCHI, DIST.- KAMRUP (M), ASSAM, PIN-
            781103.



            VERSUS

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



Advocate for the Petitioner   : MR. N J DUTTA

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 11.10.2023

Heard Mr. N J Dutta, learned counsel for the applicant.

This is an application under section 389 (1) of the Code of Criminal Procedure, 19673 praying for suspending the judgment and order dated 23.08.2023 passed by the Additional Sessions Judge cum Page No.# 2/2

Special Judge (POCSO) in connection with Sualkuchi PS Case No.160/2017 convicting the accused/appellant under sections 354(A)/354 IPC and sentencing him to undergo Rigorous imprisonment for a period of 3 (three) years under sections 354(A) IPC and to undergo 3 (three) years simple imprisonment under section 354 IPC which shall run consecutively.

Considering the nature of offence and ingredients of section 354(A)/354 IPC, this Court is of the view that there is no such circumstances or special case to direct the sentences to run consecutively.

Though initially the charge was framed under section 8 of the POCSO Act, however, the petitioner was acquitted from such charges.

Considering the above, it is provided that till final determination of the connected appeal, the petitioner shall be allowed to go on bail on furnishing a bail bond of Rs.50,000/- with a suitable surety of the like amount to the satisfaction of the learned Additional Sessions Judge cum Special Judge (POCSO), Kamrup (M).

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant