Prakash Baishya @ Bapa vs The State Of Assam And Anr
2025 Latest Caselaw 5382 Gua

Gauhati High Court

Prakash Baishya @ Bapa vs The State Of Assam And Anr on 16 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                 Page No.# 1/3

GAHC010126062025




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

                         Case No. : I.A.(Crl.)/631/2025


         PRAKASH BAISHYA @ BAPA
         S/O. SRI BALO BAISHYA
         R/O. VILL.- PUB KHAIRAJANGAL
         P/O. HATIGARH
         P/S. PANERI
         DIST. UDALGURI (B.T.R)
         ASSAM.


          VERSUS

         THE STATE OF ASSAM AND ANR
         REP BY THE PP ASSAM

         2:NABIN PANIKA
         S/O. LT. SAMBHU PANIKA
          R/O. VILL.- PUB KHAIRAJANGAL
          P/S. PANERI
          DIST. UDALGURI
         ASSAM
          PIN-784524
          ------------
         Advocate for : MR. A GOGOI
         Advocate for : ADDL 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 : 16.06.2025 [M. Choudhury, J]

Heard Mr. A. Gogoi, learned Legal Aid Counsel for the applicant-appellant and Mr. R.R. Kaushik, 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 dated 09.04.2025 and an Order on Sentence dated 11.04.2025 passed by the Court of learned Special Judge, Udalguri in Special [POCSO] Case no. 25/2024, arising out of Panery Police Station Case no. 50/2023. By the Judgment dated 09.04.2025 and the Order on Sentence dated 11.04.2025, the applicant-appellant has been convicted for the offences under Section 376[3], Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences [POCSO] Act. In view of Section 42 of the POCSO Act, the applicant-appellant has been sentenced to undergo rigorous imprisonment for twenty years and to pay a fine of Rs. 20,000/-, with default stipulation, under Section 376[3], IPC.

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.

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

                                     JUDGE                    JUDGE




Comparing Assistant