Shri Biju Barman, v. The State of Assam and Anr

PageoNo.#o1/4 GAHC010143032024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/669/2024o SHRIoBIJUoBARMAN,o S/OoSRIoMIHIRoCH.oBARMAN,o RESIDENToOFoVILLAGEoANGARKATA,oPOoBOGRIBARI,oDISToKOKRAJHAR,o BTAD,oASSAM,o783349 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoPPoASSAM 2:SMTI.DIPIKAoBARMAN oW/O-oDULALoBARMANo R/O-oANGURKATAoPT-IIIo BOGRIBARI oKOKRAJHAR oASSAMo AdvocateoforotheoPetitionerooooo:oMR.oMoUoMAHMUD,oMR.oMoUoMAHMUD,MRoSoISLAM,MRoSoHo MAHMUDo AdvocateoforotheoRespondento:oPP,oASSAM,oMSoPoDAS,oAMICUSoCURIAEoFORoR-2oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo kkkkkkkBEFORE HON'BLEkMR.kJUSTICEkMANASHkRANJANkPATHAK kOkkkRkkkDkkkEkkkR

06.08.2024 oooooooooo Heard 2 Mr. 2 M.U. 2 Mahmud, 2 learned 2 counsel 2 appearing 2 for 2 the applicant/convicted2appellant2and2Ms.2N.2Das,2learned2Additional2Public Prosecutor,2Assam2for2the2State. Page No.# 2/4

¶2The applicant/appellant, namely Shri Biju Barman, son of Shri Mihir Ch Barman, is a convicted accused under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO), and sentenced with rigorous imprisonment for 10(ten) years with a fine of Rs. 2,000/- (rupees two thousand), in default of payment of fine, to undergo rigorous imprisonment for another 02(two) months, as being passed by the learned Special Judge (POCSO), Kokrajhar in Special Case No.04/2017 by judgment dated 12.09.2018 arising out of Bogribari P.S. Case No.141/2016.

¶3By the said judgment of conviction and sentence dated 12.09.2028, the learned Special Judge, while sentencing him under Section 4 of the POCSO Act for 10(ten) years, also passed the order that the period in custody (hajoti)(police/judicial) shall be set off from the period of imprisonment, if any.

¶4Against the said judgment and order of conviction and sentence dated

12.09.2018, noted above, the applicant/convicted accused as an appellant preferred an appeal under Section 374 of the Cr.P.C on 13.12.2018 being Criminal Appeal No.09/2019 that was admitted for hearing by order dated

11.01.2019.

¶5By this interlocutory application, the applicant/ appellant/convicted accused prayed for suspension of the sentence dated 12.09.2018 passed by the learned Special Judge (POCSO), Kokrajhar in Special Case No.04/2017 as well as for his bail stating that he has already completed more than half of the sentence imposed upon him by the said judgment of conviction and sentence dated 12.09.2018. Page No.# 3/4

¶6Mr. M.U. Mahmud, learned counsel for the applicant placed orders of the Hon'ble Supreme Court in various criminal petitions for bail, wherein the Hon'ble Supreme Court granted bail to the under trial prisoners/convicted accused, whose cases are pending for appeal, who have already undergone 50% of the actual sentence other than the life sentence.

¶7From the records of said Special Case No.04/2017, it is seen that during the investigation of said Bogribari P.S. Case No.141/2016, the applicant was arrested on 08.12.2016. The learned Special Judge (POCSO), Kokrajhar in said Special Case No.04/2017, though by order dated 09.03.2017, granted bail to the applicant, but only on 16.03.2017, the applicant could furnish the bail bond and accordingly, he was released from custody on 16.03.2017 in the said Special Case No.04/2017. Thereafter, the applicant was taken into custody on 12.09.2018 on passing of the impugned judgment of conviction and sentence passed in said Special Case No.04/2017 and since then, he is serving the sentence.

¶8In that manner, the applicant/appellant/convicted accused have already served a sentence of almost 06(six) years 01(one) month and 11(eleven) days as on today out of the sentence imposed upon him under Section 4 of the POCSO Act by the impugned judgment dated 12.09.2018 passed in Special Case No.04/2017 by the learned Special Judge (POCSO), Kokrajhar.

¶9Considering the above, the sentence imposed upon the applicant/appellant/convicted accused by the impugned judgment dated

12.09.2018 passed by the learned Special Judge (POCSO), Kokrajhar in Special Case No.04/2017, arising out of Bogribari P.S. Case No.141/2016 is Page No.# 4/4 suspended until further order(s) of the Court.

¶10Further, it is directed that the applicant/appellant/ convicted accused, namely, Shri Biju Barman be released on bail on furnishing a bail bond of Rs. 25,000/- (rupees twenty five thousand) with 02 (two) local sureties of the like amount to the satisfaction of the learned Special Judge (POCSO), Kokrajhar, to be furnished by the applicant/appellant/convicted accused named above, as per the terms and conditions that may be imposed by the learned Special Judge (POCSO), Kokrajhar, securing his presence before the said Court whenever he is required in connection with said Special Case No.04/2017 arising out of Bogribari P.S. Case No.141/2016.

¶11With the above observations and directions, this Interlocutory Application stands allowed.

JUDGE Comparing Assistant