Gauhati High Court
Shri Biju Barman vs The State Of Assam And Anr on 6 August, 2024
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
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GAHC010143032024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/669/2024
SHRI BIJU BARMAN,
S/O SRI MIHIR CH. BARMAN,
RESIDENT OF VILLAGE ANGARKATA, PO BOGRIBARI, DIST KOKRAJHAR,
BTAD, ASSAM, 783349
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY PP ASSAM
2:SMTI.DIPIKA BARMAN
W/O- DULAL BARMAN
R/O- ANGURKATA PT-III
BOGRIBARI
KOKRAJHAR
ASSAM
Advocate for the Petitioner : MR. M U MAHMUD, MR. M U MAHMUD,MR S ISLAM,MR S H
MAHMUD
Advocate for the Respondent : PP, ASSAM, MS P DAS, AMICUS CURIAE FOR R-2
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
O R D E R
06.08.2024
Heard Mr. M.U. Mahmud, learned counsel appearing for the
applicant/convicted appellant and Ms. N. Das, learned Additional Public
Prosecutor, Assam for the State.
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2. The applicant/appellant, namely Shri Biju Barman, son of Shri Mihir
Ch Barman, is a convicted accused under Section 4 of the Protection of
Children from Sexual Offences Act, 2012 (in short POCSO), and sentenced
with rigorous imprisonment for 10(ten) years with a fine of Rs. 2,000/-
(rupees two thousand), in default of payment of fine, to undergo rigorous
imprisonment for another 02(two) months, as being passed by the learned
Special Judge (POCSO), Kokrajhar in Special Case No.04/2017 by
judgment dated 12.09.2018 arising out of Bogribari P.S. Case
No.141/2016.
3. By the said judgment of conviction and sentence dated 12.09.2028,
the learned Special Judge, while sentencing him under Section 4 of the
POCSO Act for 10(ten) years, also passed the order that the period in
custody (hajoti)(police/judicial) shall be set off from the period of
imprisonment, if any.
4. Against the said judgment and order of conviction and sentence dated
12.09.2018, noted above, the applicant/convicted accused as an appellant
preferred an appeal under Section 374 of the Cr.P.C on 13.12.2018 being
Criminal Appeal No.09/2019 that was admitted for hearing by order dated
11.01.2019.
5. By this interlocutory application, the applicant/ appellant/convicted
accused prayed for suspension of the sentence dated 12.09.2018 passed
by the learned Special Judge (POCSO), Kokrajhar in Special Case
No.04/2017 as well as for his bail stating that he has already completed
more than half of the sentence imposed upon him by the said judgment of
conviction and sentence dated 12.09.2018.
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6. Mr. M.U. Mahmud, learned counsel for the applicant placed orders of
the Hon'ble Supreme Court in various criminal petitions for bail, wherein
the Hon'ble Supreme Court granted bail to the under trial
prisoners/convicted accused, whose cases are pending for appeal, who
have already undergone 50% of the actual sentence other than the life
sentence.
7. From the records of said Special Case No.04/2017, it is seen that
during the investigation of said Bogribari P.S. Case No.141/2016, the
applicant was arrested on 08.12.2016. The learned Special Judge
(POCSO), Kokrajhar in said Special Case No.04/2017, though by order
dated 09.03.2017, granted bail to the applicant, but only on 16.03.2017,
the applicant could furnish the bail bond and accordingly, he was released
from custody on 16.03.2017 in the said Special Case No.04/2017.
Thereafter, the applicant was taken into custody on 12.09.2018 on passing
of the impugned judgment of conviction and sentence passed in said
Special Case No.04/2017 and since then, he is serving the sentence.
8. In that manner, the applicant/appellant/convicted accused have
already served a sentence of almost 06(six) years 01(one) month and
11(eleven) days as on today out of the sentence imposed upon him under
Section 4 of the POCSO Act by the impugned judgment dated 12.09.2018
passed in Special Case No.04/2017 by the learned Special Judge (POCSO),
Kokrajhar.
9. Considering the above, the sentence imposed upon the
applicant/appellant/convicted accused by the impugned judgment dated
12.09.2018 passed by the learned Special Judge (POCSO), Kokrajhar in
Special Case No.04/2017, arising out of Bogribari P.S. Case No.141/2016 is
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suspended until further order(s) of the Court.
10. Further, it is directed that the applicant/appellant/ convicted accused,
namely, Shri Biju Barman be released on bail on furnishing a bail bond
of Rs. 25,000/- (rupees twenty five thousand) with 02 (two) local sureties
of the like amount to the satisfaction of the learned Special Judge
(POCSO), Kokrajhar, to be furnished by the applicant/appellant/convicted
accused named above, as per the terms and conditions that may be
imposed by the learned Special Judge (POCSO), Kokrajhar, securing his
presence before the said Court whenever he is required in connection with
said Special Case No.04/2017 arising out of Bogribari P.S. Case
No.141/2016.
11. With the above observations and directions, this Interlocutory
Application stands allowed.
JUDGE
Comparing Assistant
