Pradip Konwar vs The State Of Assam And Anr
2024 Latest Caselaw 7932 Gua

Gauhati High Court

Pradip Konwar vs The State Of Assam And Anr on 30 October, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                           Page No.# 1/2

GAHC010215542024




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

          Case : I.A.(Crl.)/1014/2024

         PRADIP KONWAR
         S/O. PRAFULLA KONWAR
         R/O. VILL. PATIDAYA
         P/S. MORIGAON
         DIST.- MORIGAON
         ASSAM
         PIN-782104.


          VERSUS

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

         2:GEETALI BORDOLOI
         W/O. HARIK JYOUTI BORDOLOI
          R/O. VILL.- OUJARI
          P/S. MORIGAON
          PIN-782105
          DIST. MORIGAON
         ASSAM.
          ------------
         Advocate for : MR. M A SHEIKH
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR



                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

30.10.2024 Page No.# 2/2

Heard Mr. M. A. Sheikh, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent

This is an application under Section 389 IPC for allowing the petitioner to go on bail during pendency of the aforesaid appeal.

As Mr. Sarma, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, a copy of the petition along with the documents annexed thereto be furnished to him during the course of the day.

Issue notice upon the respondent No.2.

The present application is arising out of the POCSO Act, accordingly, in view of the above facts and in terms of the judgment of this Court passed in Dipak Nayak vs. State of Assam [Criminal Appeal(J) 40/2022], notice be issued to the victim/guardian of the victim/informant through the O.C., of concerned Police Station.

The petitioner shall submit a copy of the petition to the Registry of this Court, who shall furnish the same to the learned Additional Public Prosecutor. The learned Additional Public Prosecutor shall thereafter forward the same to the O.C. of concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. of concerned P.S. shall thereafter give a report of service of the petition/notice to this Court.

Prayer for bail will be considered on receipt of the trial court record.

List the matter accordingly after 4(four) weeks.

JUDGE

Comparing Assistant