Bipul Gogoi v. The State of Assam and Anr

ORDER Date : 13.11.2024

Heard Mr. M.Kalita, learned counsel for the applicant and Mr. D.Das, learned Additional Public Prosecutor for the State opposite party No.1. By filing this interlocutory application under Section 389(2) of the Cr.P.C, the applicant has prayed for suspension of sentence and to allow him to go on bail during pendency of the connected criminal appeal against the judgment dated

05.01.2023 and order dated 07.01.2023 passed by the learned Additional Sessions Judge (FTC)-cum-Special Judge, POCSO, Dibrugarh in connection with POCSO Case No. 39/2018 whereby the applicant was convicted under Section 354 of IPC and sentenced to undergo rigorous imprisonment for one year and also to pay fine of Rs.2,000/-, in default SI for one month. Learned counsel for the applicant submits that there are several contradictions in the evidence of the witnesses and as such, there is every possibility of acquittal of the applicant. Hence, the applicant may be enlarged on bail during pendency of the appeal. Learned Addl.P.P. has made no objection in granting bail to the applicant. Having considered the grounds of appeal against the impugned judgment and order and the sentence imposed against the applicant/appellant, without further going into the merit of the case, prayer for bail is allowed. Page No.# 3/3 Accordingly, the sentence passed in POCSO Case No. 39/2018 is hereby suspended till disposal of connected Criminal Appeal No. 69/2023 and till then, the applicant/appellant, Bipul Gogoi is directed to be released on furnishing bail bond of Rs. 30,000/- with one surety of the like amount to the satisfaction of the said learned Addl. Sessions Judge-cum-Special Judge, POCSO, Dibrugarh. The interlocutory application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010042582023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooooooooooI.A.(Crl.)/147/2023 BIPULoGOGOI S/OoLATEoLABURAMoGOGOI oVILL.-oSARDARSUK oBORPATHARoKONWARoGAON oP.O.-oBARPATHAR oP.S.-oBORBARUAHoINoTHEoDISTRICT oASSAM oPIN-o786004. oVERSUS THEoSTATEoOFoASSAMoANDoANR. REP.oBYoTHEoP.P. oASSAM. 2:SUNENAoKARMAKAR D/OoANDASoKARMAKAR o R/OoBEHEATINGoTEAoESTATE oPUJAoLINE oP.O.oANDoP.S.-oBORBARUAH oINoTHEoDIST.oOFoDIBRUGARH oASSAM oPIN-o786001. o------------ oAdvocateoforo:oMR.oMoKALITA Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR. ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI