Sahab Uddin vs The State Of Assam And Anr
2024 Latest Caselaw 7995 Gua

Gauhati High Court

Sahab Uddin vs The State Of Assam And Anr on 4 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                               Page No.# 1/2

GAHC010225042024




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

                               I.A.(Crl.)/1021/2024

          SAHAB UDDIN
          S/O. LATE LAKHI RAM BAISHYA
          R/O. VILL. AND P/O.- JANIGOG
          P/S. NALBARI
          DIST.- KAMRUP(M)
          ASSAM
          PIN-781334


           VERSUS

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


          ------------
          Advocate for : ALHAJJ I UDDIN
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 04.11.2024

Heard Mr. A.I. Uddin, learned Counsel for the applicant. Also heard Mr. D.P.Goswami, learned Addl. Public Prosecutor, Assam for the State opposite party No.1.

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By filing this application under Section 389 of the CrPC, the applicant has prayed for suspension of the execution of the sentence and release the applicant on previous bail vide impugned Judgment and order dated 24.09.2024 in Special (POCSO) Case No.66/2018 ( Laluk Police Station Case No. 127/2018) passed by the learned Special Judge, Lakhimpur, North Lakhimpur convicting the applicant u/s Section 10/18 of the POCSO Act and sentencing him to undergo RI for 1 year and to pay fine of Rs.15,000/- i/d SI for 5 months.

Learned Counsel for the applicant submits that as per order of the learned trial court though the applicant was convicted and sentenced to undergo RI for 1 year and a fine of Rs.15,000/- i/d SI for 5 months but thereafter, vide order dated 24.09.2024, he was allowed to remain on previous bail. It is further submitted that during the period of trial, the applicant was on bail and as such, he may be allowed to remain on previous bail.

Learned Addl.P.P. has made no objection.

Having heard the learned counsel for the parties, the execution of aforesaid sentence is hereby suspended and the applicant is allowed to remain on previous bail till disposal of the connected criminal appeal vide Criminal Appeal No.356/2024..

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant