Citation : 2025 Latest Caselaw 463 Tri
Judgement Date : 11 August, 2025
HIGH COURT OF TRIPURA
AGARTALA
IA No. 01 of 2025 in Crl. A(J) 59 of 2025
Sri Sandip Das @ Bappon
......Applicant
versus
State of Tripura
.....Respondent
HON'BLE JUSTICE DR. T. AMARNATH GOUD
For Applicant(s) : Mr. P. Roy Barman, Sr. Advocate.
Mr. Samarjit Bhattacharjee, Advocate.
Mr. Kawsik Nath, Advocate.
Ms. Sutapa Dab Barman, Advocate.
Ms. Aradhita Debbarma, Advocate.
Mr. Dipjyoti Paul, Advocate.
For Respondent(s) : Mr. Raju Datta, P.P.
Mr. Rajib Saha, Addl. P.P.
11.08.2025
Order
[1] Heard Mr. Samarjit Bhattacharjee, learned counsel for the
Applicant. Also heard Mr. Rajib Saha, learned Addl. P.P. appearing for
the State respondent.
[2] The present application has been filed under Section 430 of
BNSS, 2023 corresponding to Section 389 of the Cr.P.C for suspension
of the conviction and sentence rendered against the appellant-applicant,
vide Judgment, dated, 07.07 2025, passed by the learned Special Judge
(POCSO), North Tripura, Dharmanagar, in Case No. Special (POCSO) 06
of 2024 during the pendency of appeal filed by the Appellant-applicant
under Section 415(2) of BNSS, 2023 corresponding to Section-374(2) of
the Criminal Procedure Code, 1973, against the aforesaid Judgment of
conviction and sentence, whereby and whereunder the learned Court
below, convicted the appellant under section-354 & 506 of the IPC, and
under Section-8 of POCSO Act, 2012 and sentenced him to suffer
Rigorous Imprisonment (RI) for 01 year along with fine of Rs. 5000/-
(Five Thousand) only, U/s- 354 of IPC and in default of payment of fine
to suffer imprisonment for 03 (Three) months and sentenced the
convict to suffer RI for 03 (three) years along with fine of Rs. 5000/-
(Five Thousand) only, under Section 8 of the POCSO Act and in default
of payment of fine to suffer imprisonment for 03 (Three) months and RI
for 06 (Six) months along with fine Rs. 1000/- (One Thousand) only,
and U/s 506 of IPC, in default of payment of fine to suffer imprisonment
for 01 (One) month.
[3] Considering the averments made in the accompanying
affidavit and upon hearing the submissions made at the Bar, this Court
is of the opinion that pending appeal, the accused-person may be
released on bail by furnishing bail bond of Rs.25,000/- with two sureties
by way of fixed deposit to be deposited in a nationalized bank and the
said fixed deposit be produced before the concerned Court. Also, a
personal bail bond of Rs.25,000/- to be furnished to the satisfaction of
the concerned Court.
[4] With the above direction, the interlocutory application
stands allowed and disposed of.
JUDGE
Sabyasachi G.
SABYASACHI GHOSH GHOSH Date: 2025.08.11 17:50:03 +05'30'
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