Falu Ali @ Rajen vs The State Of Assam And Anr
2025 Latest Caselaw 8180 Gua

Gauhati High Court

Falu Ali @ Rajen vs The State Of Assam And Anr on 30 October, 2025

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GAHC010088722021




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

                         Case No. : I.A.(Crl.)/301/2021




         FALU ALI @ RAJEN
         S/O MD. LAL BABU ALI @ RAJU ALI
         VILL. SACHIPUR
          P.S. TAMULPUR
          DIST. BAKSA
         ASSAM


          VERSUS

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

         2:MERINA MARDI
         D/O SIMON MARDI
         VILL. HARTOLA P.S. TAMULPUR
          DIST. BAKSA
         ASSAM
          ------------
         Advocate for : MR. J I BORBHUIYA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                 BEFORE
                   HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                      ORDER

30.10.2025 Heard Mr. J.I. Borbhuiya, learned counsel for the applicant. Also heard Mr. B. Sharma, learned Addl. Public Prosecutor for the State respondent and Mr. N. Mahajan, learned Amicus Curiae for respondent No. 2.

2. This is an application filed under Section 389 of Cr.PC for suspension of sentence during the pendency of the appeal as well as subsequent bail. The applicant was convicted under Section 4 of the POCSO Act and was sentenced to undergo R.I for 7 years with fine and default stipulation by Judgment & Order dated 09.04.2021 delivered by Addl. District & Sessions Judge-cum-Special Judge for trial of POCSO Cases, Baksa, Mushalpur in Spl. POCSO Case No. 110/2018.

3. Mr. J.I. Borbhuiya, learned counsel for the applicant submits that the applicant had surrendered before the Court on 09.04.2021 and since then, he is inside the jail. He also submits that during the trial also, the applicant was inside the jail for more than a month and as such, he submits that out of the total sentenced of 7 years R.I, the applicant has been inside for 4 years 7 months till date. It is as such seen that the petitioner has more than half of the sentence inside the jail.

4. It is a settled position of law that if the convicted person while serving the sentence serves for more than half of the sentence and the appeal is pending before the Appellate Court, the applicant may be released on bail after suspending the sentence.

5. As such, this Court deems it fit that the sentenced imposed upon the Page No.# 3/3

petitioner be suspended during the hearing of the appeal and be released on subsequent bail on furnishing bail bond of Rs. 20,000/-, with 1 local surety of the like amount to the satisfaction of the learned Trial Court.

6. I.A. stands disposed of.

JUDGE

Comparing Assistant