Mithun Biswas v. The State of Assam and Anr

ORDER

06.06.2023 Heard Mr S C Biswas, learned counsel for the applicant/appellant and Mr K K Das, Page No.# 2/3 learned Additional Public Prosecutor for the State of Assam.

¶2This interlocutory application under Section 389 of the Code of Criminal Procedure, 1973, is filed for suspension of sentence and grant of bail to the applicant/appellant, namely, Sri Mithun Biswas who has been convicted by the learned Additional Sessions Judge (FTC), Sonitpur, Tezpur in Sessions Case No. 180 of 2019, vide Judgment and Order dated 02.07.2022, and sentenced to undergo Rigorous Imprisonment for a term of 7 (seven) years and to pay a fine of Rs. 30,000/-, for the offence under Section 376 IPC and further sentenced to undergo Simple Imprisonment for 6 (six) months, for the offence under Section 448 IPC and also to undergo SI for 6

(six) months under Section 506 IPC.

¶3The allegation against the applicant/ appellant is that while the victim was alone at her residence, the applicant/appellant taking advantage of her loneliness trespassed into her room and forcefully committed sexual intercourse with her. Thereafter, on raising alarm, the applicant/appellant gagged her mouth and tried to kill her by pressing her throat and threatened her with dire consequences, if she disclosed the fact of rape to anybody else.

¶4It is submitted by the learned counsel for the applicant/ appellant that the applicant/appellant has been detained in custody since the date of delivery of Judgment. It is further submitted that there is every chance of acquittal of the applicant/accused appellant in the case. Therefore, the applicant may be enlarged on bail during pendency of the appeal.

¶5On the other hand, Mr K K Das, learned Additional Public Prosecutor has raised no objection to the prayer of the applicant/accused appellant, for releasing him on bail during the pendency of the appeal.

¶6Considering the submissions made by the learned counsel for the parties as well as the documents annexed with the application, the applicant/accused appellant, namely, Page No.# 3/3 Sri Mithun Biswas, is granted bail. Accordingly, he shall be released on bail in connection with Sessions Case No. 180/2019, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand Only) with one surety of the like amount, to the satisfaction of the learned Additional Sessions Judge (FTC), Sonitpur, Tezpur, on conditions to be imposed by the learned Court below.

¶7The impugned judgment and order(s) is also stayed until disposal of the connected appeal.

¶8This interlocutory application stands disposed of accordingly. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010143932022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/372/2022 MITHUN BISWAS S/O SRI KHETRA MOHAN BISWAS RESIDENT OF VILLAGE SIRAJULI PATHAR, PS DHEKIAJULI, DIST SONITPUR, ASSAM 784110 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:SMTI BHARATI DAS W/O SRI SANKAR DAS RESIDENT OF VILLAGE SIRAJULI PATHAR PS DHEKIAJULI DIST SONITPUR ASSAM 78411 Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE MALASRI NANDI