Dipan Ghosh Alias Dipon Ghosh vs The State Of Assam
2025 Latest Caselaw 5794 Gua

Gauhati High Court

Dipan Ghosh Alias Dipon Ghosh vs The State Of Assam on 26 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                Page No. 1/3

GAHC010114582025




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

                               Case No. : I.A.(Crl.)/672/2025


            DIPAN GHOSH ALIAS DIPON GHOSH
            S/O - LT PUTUL GHOSH
            R/O - KANAIBAZAR
            P.S. - PATHARKANDI
            DIST - SRIBHUMI

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP
            ASSAM

            2:SWAPNA DAS
            W/O - NIBARAN DAS
            R/O - VILL - KANAI BAZAR
            P.S. - PATHARKANDI
            DIST - SRIBHUMI

            Advocate for : MR MASUM AZIZ CHOUDHURY
            Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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

                                         ORDER

Date : 26.06.2025 [Manish Choudhury, J.]

Heard Mr. M.A. Choudhury, learned 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 present application under Section 430, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred seeking suspension of execution of the sentenced passed against the applicant-appellant and for his release on bail. The applicant as the appellant has preferred the accompanying criminal appeal, Criminal Appeal no. 224/2025 to assail a Judgment and Order dated 26.03.2025 passed by the Court of learned Additional Sessions Judge [FTC], Sribhumi in Sessions Case no. 32/2016. By the Judgment and Order dated 26.03.2025, the applicant-appellant has been convicted for the offences under Section 376, Indian Penal Code [IPC] and Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012. The applicant-appellant has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for one year for the offence under Section 376, IPC. For the offence under Section 6 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/-, in default of payment of fine, to undergo simple imprisonment for two years. The sentences are ordered to run concurrently.

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

4. As Mr. Kaushik has appeared and accepted notice for the opposite party-respondent no. 1, issuance of formal notice to the said opposite party-respondent stands dispensed with. The learned counsel for the applicant-appellant shall serve an extra copy of the application along with annexures, to Mr. Kaushik within 3 [three] working days from today.

5. The applicant-appellant shall take steps for service of notice upon the opposite party- respondent no. 2/informant in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024.

6. The learned Additional Public Prosecutor shall obtain a report from the Officer In- Charge, Patharkandi Police Station as regards the service of notice upon the opposite party- respondent no. 2-informant and place the same before the Court on the returnable date.

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

8. The learned Additional Public Prosecutor shall file objection to the instant interlocutory application on the next date of listing.

                                                          JUDGE                         JUDGE




Comparing Assistant