Chandra Sharma vs The State Of Assam
2025 Latest Caselaw 1686 Gua

Gauhati High Court

Chandra Sharma vs The State Of Assam on 1 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                  Page No.# 1/3

GAHC010141712025




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

                          Case No. : I.A.(Crl.)/798/2025


         CHANDRA SHARMA
         S/O. LT. NARAHARI SHARMA
         R/O. P.P ROAD
         HAWELIA RESIDENCY
         P/S. PALTAN BAZAR
         KAMRUP (M)
         ASSAM
         PIN-781008


          VERSUS

         THE STATE OF ASSAM
         REP BY PP ASSAM

         2:NITIN JAIN
         S/O. LT. DHANYA KUMAR JAIN
          RESIDENT OF H/NO. 4A
          JAINAM ENCLAVE
          SANTIRAM DAS PATH
          REHABARI-781008
          P/S. PALTAN BAZAR
          DIST. KAMRUP (M)
         ASSAM.
          ------------
         Advocate for : MR H BETALA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
                                                                        Page No.# 2/3

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                     ORDER

Date : 01.08.2025

Heard Mr. H. Betala, learned counsel for the applicant-appellant and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite party- respondent no. 1, State of Assam.

2. The instant application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred seeking suspension of execution of the sentence passed against the applicant-appellant and for his release on bail.

3. The applicant as appellant has preferred the accompanying criminal appeal against a Judgment and Order dated 15.05.2025 passed by the Court of learned Additional Sessions Judge-cum-Special Judge [POCSO], Kamrup [M], Guwahati ['the Special Court', for short] in Sessions Special Case no. 193/2023, arising out of Paltan Bazar Police Station Case no. 228/2023. By the Judgment and Order dated 15.05.2025, the applicant-appellant has been convicted for the offence under Section 8, Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for a period of six months.

4. Mr. Betala, learned counsel for the applicant-appellant has sought to highlight a nos. of inconsistencies appearing in the evidence of the prosecution witnesses where such inconsistences are minor or affects the proceeding of the case in the matter of appreciation at the time of hearing.

5. Issue notice, returnable on 01.09.2025.

Page No.# 3/3

6. As Mr. Goswami, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, issuance of formal notice to the opposite party no. 1 is dispensed with.

7. The applicant-appellant shall take steps for service of notice upon the opposite party no. 2 in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024.

8. The learned Additional Public Prosecutor shall make endeavour to file objection to the instant application on or before the returnable date.

9. List the case on 01.09.2025.

JUDGE

Comparing Assistant