Gauhati High Court
Diganta Saikia vs The State Of Assam An Anr on 4 November, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
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GAHC010151092022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/562/2022
DIGANTA SAIKIA
S/O SRI SONESWAR SAIKIA, RESIDENT OF VILLAGE GOMIRI GAYAN
GAON, PS NITAIPUKHURI, DIST CHARAIDEO ,ASSAM 785662
VERSUS
THE STATE OF ASSAM AN ANR.
REPRESENTED BY PP ASSAM
2:SRI MRIDUL SWARGIARY
S/O SUNANDA SWARGIARY
RESIDENT OF TEOK BANGALI GAON
PADUMANI CHUK
PS SONARI
DIST CHARAIDEO
ASSAM 78511
Advocate for the Petitioner : MR. B K MAHAJAN, MR. A CHAUDHURY,MR. P K DAS,MR. N
MAHAJAN,MR. D BORA,MS. R M SAIKIA
Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE FOR R-2
Linked Case : Crl.A./235/2022
DIGANTA SAIKIA
S/O SRI SONESWAR SAIKIA
RESIDENT OF VILLAGE GOMIRI GAYAN GAON
PS NITAIPUKHURI
DIST CHARAIDEO
ASSAM 785662
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VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP ASSAM
2:SRI MRIDUL SWARGIARY
S/O SUNANDA SWARGIARY
RESIDENT OF TEOK BANGALI GAON
PADUMANI CHUK
PS SONARI
DIST CHARAIDEO
ASSAM 785112
------------
Advocate for : MR. B K MAHAJAN
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. B.K. Mahajan, learned counsel for the applicant. Mr. D.P.
Goswami, learned Additional Public Prosecutor for the
State/respondent No.1 and Ms. B. Choudhury, learned Amicus Curiae
for the respondent No. 2.
2. This is an application under Section 389(3) Cr.P.C. praying for
granting bail by suspending sentence pending appeal to the applicant
in connection with the judgment and order dated 23.06.2022 passed
by the learned Special Judge, Charaideo, Assam, in connection with
Special (P) Case No. 49/2016, whereby convicting the
accused/applicant under Section 10 of POCSO Act and sentenced him
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to undergo rigorous imprisonment for 5(five) years and to pay a fine of
Rs.10,000/-, in default to undergo rigorous imprisonment for another
one month.
3. It is submitted by the learned counsel for the applicant that the
applicant has been convicted under Section 10 of POCSO Act and
sentenced to undergo rigorous imprisonment for 5(five) years, out of
which the applicant has already been completed two and half years
detention in jail hazot. As such, the applicant may be allowed to go on
bail till disposal of the appeal.
In support of his submission, the learned counsel for the applicant
has placed reliance on the following case laws-
(i) Bhagwan Rama Shinde Gosai & Ors. Vs. State of Gujarat,
reported in (1999) 4 SCC 421.
(ii) Atul @ Ashutosh vs. State of Madhya Pradesh, reported in
(2024) 3 SCC 663.
(iii) Kiran Kumar vs. State of M.P., reported in (2001) 9
SCC 211.
4. On the other hand, Mr. Goswami, learned Additional Public
prosecutor submits that he has no objection if the prayer of the
applicant is allowed.
5. The learned Amicus Curiae for the respondent No. 2 submits that
she has no objection regarding the prayer of the applicant.
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6. I have considered the submissions made by the learned counsel
for the parties as well as perused the judgment of the learned trial
court.
7. Considering the sentence imposed by the learned trial court,
without further going into the merit of the case, prayer of the
applicant is allowed.
8. Accordingly, the applicant, namely Diganta Saikia, shall be
released on bail suspending the sentence during pendency of appeal in
connection with Special(P) Case No. 49/2016, subject to the following
condition(s):
(i) The applicant shall furnish a bail bond of Rs.20,000/- with
one suitable surety of the like amount to the satisfaction of the
learned Special Judge, Charaideo, Assam.
(ii) The learned Special Judge, Charaideo, Assam, will be at
liberty to impose any condition(s) while granting bail to the
applicant.
9. Nothing in this order shall be construed as an expression of opinion
on the merits of the pending criminal appeal.
10. In view of the above, interlocutory application stands disposed of.
JUDGE
Comparing Assistant
