Nilkamal Rabha vs The State Of Assam And Anr
2023 Latest Caselaw 4449 Gua

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GAHC010106682023




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

                                 Case No. : I.A.(Crl.)/597/2023

            NILKAMAL RABHA
            S/O- LATE MOHAN RABHA,
            R/O- VILLAGE LOHARGHAT GODAIGURI, P.S.0 PALASBARI, DISTRICT-
            KAMRUP, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP, ASSAM.

            2:BARUN SANGMA
             S/O- BAGA RAM DAS
             R/O- VILLAGE BORJULI
             P.S.- PALASBARI-781128

Advocate for the Petitioner   : MR K K KALITA

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./249/2023

            NILKAMAL RABHA
            S/O- LATE MOHAN RABHA
            R/O- VILLAGE LOHARGHAT
            GODAIGURI
            P.S.- PALASBARI
            DISTRICT- KAMRUP
            GUWAHATI- ASSAM.
                                                                         Page No.# 2/3



             VERSUS

             THE STATE OF ASSAM AND ANR.
             REPRESENTED BY PP
             ASSAM.

             2:BARUN SANGMA
             S/O- BAGA RAM DAS
              R/O- VILLAGE BORJURI
              P.S.0 PALASBARI-781128.
              ------------

Advocate for : MR K K KALITA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

18.10.2023

Heard Mr. B. Prasad, learned counsel for the applicant. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State of Assam.

This is an application filed under Section 389(2) of the Code of Criminal Procedure, 1973 praying for suspension of execution of sentence in relation to Judgment and Order dated 19.03.2018 passed by the learned Sessions Judge, Kamrup, at Amingaon in Special Sessions (POCSO) Case No. 09/2014 whereby the appellant was convicted under Section 5 (g) of the POCSO Act, 2012 and sentenced him to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 5,000/- in default to undergo RI for 2 (two) months under Section 6 of the POCSO Act, 2012 and to release him on bail during the pendency of the Page No.# 3/3

appeal.

The learned counsel for the applicant submits that the co-accused similarly situated has already been granted bail by the Co-ordinate Bench under its order dated 14.09.2022 primarily on the ground that the accused has already completed half of the sentence.

In the present case, in the meantime, the applicant has also completed more than half of the sentence. However, the learned Additional Public Prosecutor for the State of Assam submits that as the conviction is above 10 (ten) years, he may be granted a chance to file objection. Prayer is allowed.

List this matter on 14.11.2023.

JUDGE

Comparing Assistant