R/O- Samoguri Chauhan Basti vs The State Of Assam And Anr
2024 Latest Caselaw 4083 Gua

Gauhati High Court

R/O- Samoguri Chauhan Basti vs The State Of Assam And Anr on 7 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                           Page No.# 1/3

GAHC010044332024




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

                         Case No. : I.A.(Crl.)/508/2024



         RAM KUMAR CHAUHAN
         S/O- SRI DEBANDAR CHAUHAN

         R/O- SAMOGURI CHAUHAN BASTI
         P.S.- HOWRAGHAT
         DIST- KARBI ANGLONG
         PIN- 782481
         ASSAM.PHONE- 9864383578.

          VERSUS

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

         2:SRI RAJESH CHOUHAN
         S/O- LT. RAM AVTAR CHAUHAN

         R/O- VILLAGE IKRANI BASTI
         P.S.- BOKAJAN
         DIST- KARBI ANGLONG
         PIN- 782480
         ASSAM.
         ------------


         Advocate for : MR. A BARUAH
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                                                                        Page No.# 2/3

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                              ORDER

Date : 07.06.2024 [Manish Choudhury, J.]

Heard Mr. A. Baruah, learned counsel for the applicant-appellant; Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the opposite party no. 1; and Mr. S.J. Sarma, learned counsel for the opposite party no. 2-informant.

2. The instant interlocutory application under Section 389 of the Code of Criminal Procedure, 1973 is preferred seeking suspension of execution of the sentence passed against the applicant-appellant and for his release on bail. The applicant as the appellant has preferred the connected appeal against a Judgment and Order dated 19.12.2023 passed by the Court of Special Judge [POCSO], Karbi Anglong, Diphu in POCSO Case no. 19/2022. By the Judgment and Order dated 19.12.2023, the learned trial court has convicted the applicant-appellant for the offence under Section 6 of the POCSO Act and the applicant- appellant has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 10,000/- [Rupees ten thousand], in default of payment of fine, to undergo simple imprisonment for another 2 [two] months.

3. Issue notice, returnable in 4 [four] weeks.

4. As Ms. Bhuyan, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1 and Mr. Sarma has appeared and accepted notice on behalf of the opposite party no. 2, issuance of formal notice to the opposite parties is dispensed with. The learned counsel for the applicant-appellant shall furnish requisite copies of the application along with annexures to Ms. Das and Mr. Sarma within 3 [three] working days from today.

5. Learned Additional public prosecutor is to file objection on or before the returnable date.

6. The application will be considered after receipt of the trial court records.

Page No.# 3/3

7. The name of Mr. S.J. Sarma, learned counsel for the respondent no. 2 be reflected in the respondent side in the Cause-List.

                                                             JUDGE                JUDGE



Comparing Assistant