Sujit Nayak v. The State of Assam and Anr

ORDER

01.08.2024

Heard Mr. N. J. Das, learned counsel for the applicant. Also heard Mr. Page No.# 2/3 B. Sarma, learned Additional Public Prosecutor. This is an application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the applicant praying for suspension of sentence pending appeal and release of the accused on bail against the judgment and order dated

07.06.2024 passed by the learned Special Judge (POCSO), Karbi Anglong, Diphu in POCSO Case No. 45/2019 convicting and sentencing the accused/applicant to undergo RI for 3 years and to pay fine of Rs.30,000/- in default stipulation under Section 354 C IPC.

¶3The learned counsel for the applicant submits that there are lots of contradictions in the evidence of the witnesses as such there is every chance of acquittal in the case. Hence, the applicant may be allowed to remain on previous bail or to go on fresh bail, till disposal of the appeal.

¶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 POCSO Case No. 45/2019, under Section 354C IPC, subject to the following conditions : Page No.# 3/3

(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), Karbi Anglong, Diphu.

(ii) The learned Special Judge (POCSO), Karbi Anglong, Diphu 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 GAHC010145892024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Crl.)/693/2024 SUJIT NAYAK S/O LATE PARASURAM NAYAK R/O RAILWAY COLONY NEW FIELD P.S.- DIPHUDIST.- DIPHU KARBI ANGLONG PIN- 782460. VERSUS THE STATE OF ASSAM AND ANR. REP. BY PUBLIC PROSECUTOR. 2:NARAYAN DEBNATH S/O LATE HARICHANRAN DEBNATH R/O RAILWAY COLONY P.S.- DIPHU DIST.- KARBI ANGLONG ASSAM ------------ Advocate for : MR N J DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI