Naram Saikia vs The State Of Assam And Anr
2024 Latest Caselaw 8573 Gua

Gauhati High Court

Naram Saikia vs The State Of Assam And Anr on 22 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                        Page No.# 1/3

GAHC010232152024




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

                                   Case No. : Crl.A./390/2024

            NARAM SAIKIA
            S/O. LATE KHAGEN SAIKIA, R/O. VILL. JURHOTIA, P/S. BOGINADI, DIST.
            LAKHIMPUR, ASSAM, PIN-787053.


            VERSUS

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

            2:BABUL BORAH
             S/O. LATE BHEDESWAR BORAH
             R/O. JORHATIA GAON
             P.S. BOGINADI
             DIST. LAKHIMPUR
            ASSAM
             PIN-787032

Advocate for the Petitioner   : MR. K BORUAH, MS. P BORAH,MR. M ALAM

Advocate for the Respondent : PP, ASSAM,

             Linked Case : I.A.(Crl.)/1133/2024

            NARAM SAIKIA
            S/O. LATE KHAGEN SAIKIA
            R/O. VILL. JURHOTIA
            P/S. BOGINADI
            DIST. LAKHIMPUR
            ASSAM
            PIN-787053.


             VERSUS
                                                                        Page No.# 2/3


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


          ------------
          Advocate for : MR. K BORUAH
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                                BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 22.11.2024

Heard Mr. K. Boruah, learned counsel for the applicant. Also heard Mr. D.P. Goswami, learned Public Prosecutor for the State/respondent.

2. This is an application under Section 430(1) of BNSS, 2023 praying for granting bail by suspending sentence pending appeal to the applicant against the judgment and order dated 25.09.2024 passed by the learned Special Judge (POCSO), Lakhimpur at North Lakhimpur in connection with Special (POCSO) Case No. 43/2018.

3. The learned counsel for the applicant submits that the judgment was delivered on 25.09.2024 and convicted under Section 354 IPC for two years. Since the delivery of judgment, the applicant is in jail. It is also submitted that during trial, the applicant was on bail. Considering the nature of offence, the prayer of the applicant may be allowed.

4. On the other hand, Mr. Goswami, learned Additional Public Page No.# 3/3

prosecutor submits that he has no objection if the prayer of the applicant is allowed.

5. I have considered the submissions made by the learned counsel for the parties as well as perused the judgment of the learned trial court.

6. Considering the sentence imposed by the learned trial court, without further going into the merit of the case, prayer of the applicant is allowed.

7. Accordingly, the applicant, namely Naram Saikia, shall be released on bail suspending the sentence during pendency of appeal in connection with Special (POCSO) Case No. 43/2018, subject to the following condition:

(i) The applicant shall furnish a bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of the learned Special Judge (POCSO), Lakhimpur at North Lakhimpur, Assam.

(ii) The learned Special Judge (POCSO), Lakhimpur at North Lakhimpur, Assam, will be at liberty to impose any condition(s) while granting bail to the applicant.

8. Nothing in this order shall be construed as an expression of opinion on the merits of the pending criminal appeal.

9. In view of the above, interlocutory application stands disposed of.

JUDGE Comparing Assistant