Gauhati High Court

Haricharan Sarkar vs The State Of Assam And Anr on 1 May, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010085452024




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

                              Case No. : I.A.(Crl.)/399/2024

            HARICHARAN SARKAR
            S/O LATE KUMUD SARKAR
            VILL.- KUKURMARI
            P.S.- KAJALGAON
            DIST.- CHIRANG
            ASSAM.


            VERSUS

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

            2:MANIKA BALA ROY
            W/O DILIP CHANDRA ROY
            VILL.- NEHALGAON
             P.S.- BASUGAON
             DIST.- CHIRANG
            ASSAM.
             ------------
            Advocate for : MR. B M CHOUDHURY
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



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

                                        ORDER

01.05.2024 [M. Choudhury, J.] Page No.# 2/3

Heard Mr. B.M. Choudhury, learned counsel for the applicant-appellant and Ms. S.H. Bora, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam. The instant interlocutory application under Section 389 of the Code of Criminal Procedure is preferred by the applicant-appellant seeking suspension of execution of the sentence passed against him and for his release on bail.

The applicant as the appellant has preferred the connected appeal, Criminal Appeal No. 116/2024 and the said appeal has been preferred against a Judgment and Order dated 26.02.2024, passed in Special [POCSO] Case No. 03/2022 by the learned Special Judge, Chirang at Kajalgaon. By the said Judgment and Order dated 26.02.2024, the applicant- appellant has been convicted for the offence under Section 6 of the Prevention of Child from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo further simple imprisonment for 1 [one] year. Issue notice, returnable in 4 [four] weeks.

As Ms. Bora, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the opposite party no. 1, State of Assam, issuance of formal notice to the opposite party no. 1 is dispensed with.

The accused-appellant shall take steps for service of notice upon the opposite party- respondent no. 2/informant in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024 and the order dated 23.06.2023 passed in Criminal Appeal [J] No.40/2022 [Deepak Nayak vs. State of Assam and two others]. The learned Additional Public Prosecutor shall obtain a report from the Officer In-Charge, Basugaon Police Station as regards the service of notice upon the opposite party-respondent no. 2 and place the same before this Court on or before the returnable date. The prayer of suspension of execution of sentence will be considered after completion of service of notice upon the opposite party-respondent no. 2 and receipt of the case records from the learned trial court.

The learned Additional Public Prosecutor may file objection to the instant interlocutory application on or before returnable date, if so advised. List the case after 4 [four] weeks.

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JUDGE JUDGE

Comparing Assistant