Gopal Ch. Barman vs The State Of Assam And Anr
2023 Latest Caselaw 4064 Gua

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GAHC010220862023




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

                           Case : I.A.(Crl.)/934/2023

         GOPAL CH. BARMAN
         S/O LATE UMESH BARMAN
         VILL.- HASRABARI
         P.O.- DHALIGAON
         P.S.- DHALIGAON
         DIST.- CHIRANG
         ASSAM
         PIN- 783385.

          VERSUS

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

         2:HARI CHANDRA RAY
         S/O LATE JOY RAM RAY

         VILL.- BARIGARA

         P.O.- DHALIGAON

         P.S.- DHALIGAON
          DIST.- CHIRANG
         ASSAM
          PIN- 783385.
          ------------
         Advocate for : MR. M U MAHMUD
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                    BEFORE
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                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 29.09. 2023 Heard Mr. M.U. Mahmud, learned counsel for the applicant and Ms. A. Begum, learned Addl. Public Prosecutor, Assam for the State respondent No. 1.

This is an application under Section 389(1) Cr.P.C. praying for suspension of the sentence against the judgment and order dated 02.09.2023 passed by the learned Special Judge, Chirang, in Special POCSO Case No. 14/2017 whereby the petitioner was convicted under Section 8 of the POCSO Act and sentenced him to undergo rigorous imprisonment for 3 years with fine of Rs. 10,000/- in default stipulation and further rigorous imprisonment for a period of 3 months with fine under Section 448 IPC.

It is submitted by the learned counsel for the petitioner that the petitioner is on previous bail and he may be allowed to remain on previous bail during the pendency of the appeal.

The learned Addl. PP has made no objection.

Considering the submissions of the learned counsel for the parties, the prayer of the petitioner is allowed.

The conviction and sentence is suspended during the pendency of the appeal.

I.A. stands disposed of.

JUDGE

Comparing Assistant