Jalil Ali v. The State of Assam and Anr

ORDER Date : 29.05.2024 Heard Mrs. B. Gogoi, learned Legal Aid counsel for the applicant. Mr. B. Sarma, learned Public Prosecutor for the State/respondent No.1.

¶2This is an application under Section 389 Cr.P.C. praying for granting bail by suspending sentence pending appeal to the applicant in connection with the judgment and order dated 04.04.2024 passed by the learned Special Judge(POCSO), Chirang, Assam, in connection with Special POCSO Case No. 24/2023, whereby convicting the accused/applicant under Section 8 of POCSO Act and sentenced him to undergo rigorous imprisonment for 3(three) years and also to pay fine of Rs.10,000/-, in default to undergo simple imprisonment for one month.

¶3The learned counsel for the applicant submits that the applicant is on Page No.# 3/3 bail and prays for allowing him to go on fresh bail.

¶4On the other hand, Mr. Sarma, learned Additional Public prosecutor submits that he has no objection if the prayer of the applicant is allowed.

¶5I have considered the submissions made by the learned counsel for the parties as well as perused the judgment of the learned trial court.

¶6Considering the sentence imposed by the learned trial court, without further going into the merit of the case, prayer of the applicant is allowed.

¶7Accordingly, the appellant-applicant, named above, shall be released on bail suspending the sentence during appeal in connection with Special POCSO Case No. 24/2023, under Section 8 of POCSO Act, 2012, subject to the following conditions :

(i) The applicant shall furnish a bail bond of Rs.50,000/- with two suitable sureties each of the like amount to the satisfaction of the learned Special Judge (POCSO), Chirang, Assam.

(ii) The learned Special Judge (POCSO), Chirang, Assam will be at liberty to impose any condition(s) while granting bail to the applicant.

¶8Nothing in this order shall be construed as an expression of opinion on the merits of the pending criminal appeal.

¶9In view of the above, interlocutory application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010096922024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./164/2024 JALIL ALI S/O LATE TOFALUDDIN, VILLAGE- NO. 2 DAUKHANAGAR, P.S.- KAJALGAON, DIST.- CHIRANG, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE P.P., ASSAM. 2:TALEB ALI SHEIKH S/O IMAN ALI SHEIKH R/O NO. 1 DAUKHANAGAR P.S.- KAJOLGAON DIST.- CHIRANG ASSAM Advocate for the Petitioner : MRS. B GOGOI Advocate for the Respondent : PP, ASSAM Linked Case : I.A.(Crl.)/491/2024 JALIL ALI S/O LATE TOFALUDDIN VILLAGE- NO. 2 DAUKHANAGAR P.S.- KAJALGAON DIST.- CHIRANG ASSAM. VERSUS Page No.# 2/3 THE STATE OF ASSAM AND ANR. REP. BY THE P.P. ASSAM. 2:TALEB ALI SHEIKH S/O IMAN ALI SHEIKH R/O NO. 1 DAUKHANAGAR P.S.- KAJOLGAON DIST.- CHIRANG ASSAM. ------------ Advocate for : MRS. B GOGOI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI