Sanajul Haque Laskar vs The State Of Assam And Anr
2024 Latest Caselaw 4196 Gua

Gauhati High Court

Sanajul Haque Laskar vs The State Of Assam And Anr on 12 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010103592024




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

                          Case No. : I.A.(Crl.)/542/2024



         SANAJUL HAQUE LASKAR
         S/O LATE AMINUR RAHMAN LASKAR
         R/O PAN GRAM
         P.S.- UDHARBOND
         DIST.- CACHAR
         ASSAM.


          VERSUS


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

         2:SANTI AKURA
         W/O BULU AKURA

         VILL.- CHANDIGHAT T.E.
         P.S.- UDHARBOND
         DIST.- CACHAR
         ASSAM.
         ------------


         Advocate for : MR. A M BARBHUIYA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                                ORDER

Date : 12.06.2024 [Manish Choudhury, J.]

Heard Mr. A.M. Barbhuyan, learned counsel for the applicant-appellant and Ms. A. Begum, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

2. The instant interlocutory application under Section 389[1] of the Code of Criminal Procedure, 1973 is preferred seeking suspension 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 dated 29.04.2024 and an Order on sentence dated 02.05.2024 passed by the Court of the learned Special Judge [POCSO], Cachar, Silchar in Special [POCSO] Case no. 24/2016. By the afore-stated Judgment and Order, the applicant-appellant has been convicted for the offences under Section 376, Indian Penal Code and Section 6 of the POCSO Act, 2012. In view of Section 42 of the POCSO Act, 2012, the applicant-appellant has been sentenced under Section 6 of the POCSO Act, 2012. He has been sentenced to undergo rigorous imprisonment for a period of 20 [twenty] years and to pay a fine of Rs. 50,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 1 [one] year.

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

4. As Ms. Begum, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, issuance of formal notice to the opposite party no. 1 stands dispensed with. The learned counsel for the applicant-appellant shall, however, furnish a copy of the interlocutory application along with annexures, to Ms. Begum within 3 [three] working days from today.

5. The applicant-appellant shall take steps for service of notice upon the opposite party no. 2 by registered post with A/D as well as by usual process within 3 [three] working days from today.

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6. Learned Additional Public Prosecutor is to file objection on or before the returnable date.

                                                                        JUDGE                      JUDGE



Comparing Assistant