Jiban Singh vs The State Of Assam And Anr
2023 Latest Caselaw 3562 Gua

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GAHC010196112023




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

                             Case No. : I.A.(Crl.)/811/2023


            JIBAN SINGH
            S/O LATE ATMA SINGH
            VILL.- BARKOLA UNDER SADAR POLICE STATION
             NAGAON IN THE DISTICT OF NAGAON
             ASSAM.


            VERSUS

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

            2:TAPAN DEKA
            S/O LATE UTSHAV DEKA

            VILL.- BORKALA UNDER SADAR POLICE STATION
            NAGAON IN THE DISTICT OF NAGAON
            ASSAM.
            ------------
            Advocate for : MR. B M CHOUDHURY
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                         BEFORE
          HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                    ORDER

Date : 07.09.2023

Heard Mr. B. M. Choudhury, learned Senior Counsel assisted by Mr. U. Choudhury, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 389 (2) of the Code of Criminal Procedure, 1973, praying for suspension of sentence and release the applicant on previous/fresh bail.

It is to be noted here that the applicant has already preferred one criminal appeal, being Crl. A./326/2023, against the judgment and order dated 10.08.2023, passed by the learned Additional Sessions Judge Cum Special Judge(POCSO), Nagaon, in Special(POCSO) Case No. 38(N)/2015, convicting the accused/appellant under Sections 354/354(A) of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for 2 (two) years and to pay a fine of Rs. 15,000/- (Rupees fifteen thousand) only, in default to undergo Simple Imprisonment for another 3 (three) months for the offence under Section 354 of the Indian Penal Code.

The said criminal appeal, being Crl. A./326/2023, has already been Page No.# 3/3

admitted and the record has already been called for.

Considering the submissions of learned counsels of both sides and also considering the facts and circumstances on the record and the grounds taken in the appeal, I find it appropriate to allow this interlocutory application. Accordingly, the applicant is allowed to remain on previous bail and the operation of the impugned judgment and order dated 10.08.2023, passed by the learned Additional Sessions Judge Cum Special Judge(POCSO), Nagaon, in Special(POCSO) Case No. 38(N)/2015, stands stayed/suspended till disposal of the criminal appeal, being Crl. A./326/2023.

In terms of above, this interlocutory application stands disposed.

JUDGE

Comparing Assistant