Sanjib Mazumdar @ Bul And Anr vs The State Of Assam And Anr
2025 Latest Caselaw 5215 Gua

Gauhati High Court

Sanjib Mazumdar @ Bul And Anr vs The State Of Assam And Anr on 11 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010123102025




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

                         Case No. : I.A.(Crl.)/605/2025

         SANJIB MAZUMDAR @ BUL AND ANR.
         S/O. LT. NALINI MAZUMDAR
         PRESENTLY RESIDING AT- JORHAT BY PASS ROAD
         NEAR AJANTA HALL
         P/O. TARAJAN
         P/S. JORHAT
         DIST. JORHAT
         ASSAM.


          VERSUS

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

         2:DIPAK NATH
         S/O. LT. BIPIN CHANDRA NATH
          R/O. DERGAON NATHGAON
          P/S. DERGAON
          DIST. GOLAGHAT
         ASSAM
          PIN-785614.
          ------------
         Advocate for : MS P SARMA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                                                           Page No.# 2/3

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : 11.06.2025 [M. Choudhury, J]

Heard Mr. T.J. Mahanta, learned Senior Counsel assisted by Ms. P. Sarma, learned counsel for the applicant-appellants and Ms. A. Begum, 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 applicants-appellants and for their release on bail.

3. The applicants as appellants have preferred the accompanying criminal appeal against a Judgment and Order dated 07.04.2025 passed by the Court of learned Special Judge [POCSO], Golaghat in Special POCSO Case no. 30/2020, arising out of Dergaon Police Station Case no. 106/2020. By the Judgment and Order dated 07.04.2025, the appellant no. 1 has been found guilty of the offences punishable under Section 8 and Section 12 of the Protection of Children from Sexual Offences [POCSO] Act and the appellant no. 2 has been found guilty of the offences under Section 376[3], IPC and Section 6, POCSO Act. In view of Section 42 of the POCSO Act, the accused-appellant no. 2 has been sentenced under Section 6, POCSO Act. The accused-appellant no. 1 has been sentenced to undergo rigorous imprisonment for a period of 5 [five] years and to pay a fine of Rs. 50,000/-, with default stipulation under Section 8, POCSO Act and to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 20,000/-, with default stipulation under Section 12, POCSO Act.

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The accused-appellant no. 2 has been sentenced to undergo rigorous imprisonment for 20 [twenty] years and to pay a fine of Rs. 1,00,000/-, with default stipulation. The learned Special Court has ordered that the sentences are to run concurrently.

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

5. As Ms. Bora, 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.

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.

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

                                         JUDGE               JUDGE




Comparing Assistant