Jumarat Ali vs The State Of Assam And Anr
2025 Latest Caselaw 2553 Gua

Gauhati High Court

Jumarat Ali vs The State Of Assam And Anr on 7 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                 Page No.# 1/3

GAHC010172942025




                                                          undefined

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

                         Case No. : I.A.(Crl.)/847/2025

         JUMARAT ALI
         S/O. LT. SUNU ALI
          R/O. VIL.- JENGONIKOTIA BONIABARI
          P/O. SIVASAGAR
          P/S. SIVASAGAR
          DIST. SIVASAGAR
          ASSAM
          PIN-785640


          VERSUS

         THE STATE OF ASSAM AND ANR
         REP BY THE PP ASSAM

         2:SIMA BEGUM
         W/O. HABI ALI
          R/O. VIL.- BONIABARI ALIF NAGAR
          P/O. SIVASAGAR
          P/S. SIVASAGAR
          DIST. SIVASAGAR
         ASSAM
          PIN-785640
          ------------
         Advocate for : MR. S A AHMED
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
                                                                       Page No.# 2/3

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                     ORDER

Date : 07.08.2025

Heard Mr. S.A. Ahmed, learned counsel for the applicant-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party 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 26.06.2025 passed by the Court of learned Additional Sessions Judge-cum-Special Judge [POCSO], Sivasagar ['the Special Court', for short] in Special [POCSO] Case no. 53/2023, arising out of Sivasagar Police Station Case no. 84/2023. By the Judgment and Order dated 26.06.2025, the applicant-appellant has been convicted for the offence under Section 354A, Indian Penal Code [IPC] read with Section 10, Protection of Children from Sexual Offences [POCSO] Act, 2012. In view of Section 42 of the POCSO Act, the applicant-appellant has been sentenced under Section 10, POCSO Act to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for further 6 months.

4. Issue notice, returnable in 4 [four] weeks.

5. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, issuance of formal notice Page No.# 3/3

to the opposite party no. 1 is dispensed with.

6. 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.

7. The learned Additional Public Prosecutor shall make endeavour to file objection to the instant application on or before the returnable date, if so advised.

8. List the case after 4 [four] weeks.

JUDGE

Comparing Assistant