Jayanta Chouhan vs The State Of Assam And Anr
2025 Latest Caselaw 1629 Gua

Gauhati High Court

Jayanta Chouhan vs The State Of Assam And Anr on 30 July, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                 Page No.# 1/2

GAHC010153532025




                                                                         undefined

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

                                I.A.(Crl.)/768/2025

            JAYANTA CHOUHAN
            SON OF SRI MITHUN RAM CHOUHAN
             R/O VILLAGE NO 1
             MORAKOLONG P/S. AND DIST. MORIGAON
             ASSAM-782105

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PP ASSAM

            2:CHAMPA SARKAR
            (MOTHER OF THE VICTIM)
             D/O NARESH SARKAR
             R/O VILLAGE MORAKOLONG
             P/S. AND DIST. MORIGAON-782105
             ------------
             Advocate for : DARAK ULLAHAdvocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR



                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

30.07.2025

Heard Mr. D. Ullah, learned counsel for the applicant-appellant and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

This interlocutory application under Section 430 of Bharatiya Nagarik Suraksha Sanhita Page No.# 2/2

[BNSS], 2023 is preferred seeking suspension of the sentence passed against the applicant- appellant by a Judgment and Order dated 11.06.2025 and allow him to remain on previous bail.

The applicant as the appellant has preferred the connected criminal appeal against a Judgment and Order dated 11.06.2025 passed by the Court of learned Additional Sessions Judge -cum- Special Judge [POCSO], Morigaon in POCSO Case no. 16/2019, which arose out of Morigaon Police Station Case no. 643/2018. By the Judgment and Order dated 11.06.2025, the applicant-appellant has been convicted for the offences under Section 354, Section 325 and Section 324, Indian Penal Code [IPC]. For the offence under Section 354, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 3,000/- with default stipulation; for the offence under Section 325, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- with default stipulation; and for the offence under Section 324, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for one year. The sentences are ordered to run concurrently.

Mr. Ullah, learned counsel for the applicant-appellant has submitted that the applicant- appellant has been allowed to go on fresh bail by the learned Special Judge [POCSO], Morigaon in terms of the provisions of sub-section [3] of Section 430, BNSS.

Having considered the period of sentences passed against the applicant-appellant, which are ordered to run concurrently, and upon perusal of the materials on record, this Court is of the considered view that the applicant-appellant has made out a case for suspension of the sentences. As the connected criminal appeal has already been admitted, it is ordered that till disposal of the appeal, the sentences passed against the applicant- appellant shall remain suspended and the applicant-appellant shall remain on previous bail as already allowed by the learned Special Court.

The interlocutory application is disposed of in the above terms.

JUDGE

Comparing Assistant