Md. Nisanul Islam Barbhuiya @ Lisanul ... vs The State Of Assam And Anr
2024 Latest Caselaw 2907 Gua

Gauhati High Court

Md. Nisanul Islam Barbhuiya @ Lisanul ... vs The State Of Assam And Anr on 1 May, 2024

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GAHC010083742024




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


                        Case No : I.A.(Crl.)/391/2024

         MD. NISANUL ISLAM BARBHUIYA @ LISANUL BARBHUIYA
         S/O MD. SAJIQUR BARBHUIYA
         R/O NISCHINTAPUR
         P.S.- HAILAKANDI
         DIST.- HAILAKANDI (ASSAM).


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY THE PUBLIC PROSECUTOR.

         2:MD. ABDUL GAFFAR LASKAR
         S/O LATE ABDUL SATTAR LASKAR

         R/O BIDYAPUR
          P.O.- MRIAMGAHT
          P.S.- URIAMGHAT
          DIST.- GOLAGHAT (ASSAM)
          PIN- 785601.
          ------------
          Advocate for : MR. M K HUSSAIN
         Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.
         IN Case No. : Crl.A./114/2024

                   MD. NISANUL ISLAM BARBHUIYA @ LISANUL BARBHUIYA
                   S/O MD. SAJIQUR BARBHUIYA,
                   R/O NISCHINTAPUR, P.S.- HAILAKANDI, DIST.- HAILAKANDI
                   (ASSAM).
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                         VERSUS

                         THE STATE OF ASSAM AND ANR.
                         REP. BY THE PUBLIC PROSECUTOR.

                         2:MD. ABDUL GAFFAR LASKAR
                          S/O LATE ABDUL SATTAR LASKAR

                         R/O BIDYAPUR
                         P.O.- MRIAMGAHT
                         P.S.- URIAMGHAT
                         DIST.- GOLAGHAT (ASSAM)
                         PIN- 785601

             Advocate for the Petitioner   : MR. M K HUSSAIN

             Advocate for the Respondent : PP, ASSAM



                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                            ORDER

01.05.2024

Heard Mr. M. K. Hussain, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

This application is filed under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension/stay of the operation of judgment dated 28.03.2024 passed by the learned Special Judge, POCSO, Golaghat in Special POCSO Case No. 52/2019, convicting and sentencing the applicant to undergo R.I for 5 (five) years for committing the offence punishable under Section 10 of the POCSO Act and also to pay a fine of Rs. 20,000/- and in default further SI for another 2 (two) months and also convicting and sentencing the applicant to undergo R.I. for 3 (three) years for committing the offence punishable under Section 354A(1) (iii) of IPC and also to pay a fine of Rs. 10,000/- and in default further S.I. for 1 (one) month and further allow the Page No.# 3/3

applicant to release on bail.

Issue notice returnable after four weeks.

As Mr. Borthakur, learned APP accepts notice on behalf of the State respondent no formal notice need be issued to the said respondent.

The applicant to take steps for issuance of notice upon the respondent No. 2 by way of registered post with A/D as well as usual process within a period of five days from today.

The applicant is also permitted to take dasti service upon the respondent No. 2 after routing the same through the Registry and thereafter, file an affidavit in proof of such service.

This I.A. shall be considered after receipt of the LCR.

List accordingly.

JUDGE

Comparing Assistant