Diganta Saikia v. The State of Assam An Anr

ORDER Date : 04.11.2024

Heard Mr. B.K. Mahajan, learned counsel for the applicant. Mr. D.P. Goswami, learned Additional Public Prosecutor for the State/respondent No.1 and Ms. B. Choudhury, learned Amicus Curiae for the respondent No. 2.

¶2This is an application under Section 389(3) Cr.P.C. praying for granting bail by suspending sentence pending appeal to the applicant in connection with the judgment and order dated 23.06.2022 passed by the learned Special Judge, Charaideo, Assam, in connection with Special (P) Case No. 49/2016, whereby convicting the accused/applicant under Section 10 of POCSO Act and sentenced him Page No.# 3/4 to undergo rigorous imprisonment for 5(five) years and to pay a fine of Rs.10,000/-, in default to undergo rigorous imprisonment for another one month.

¶3It is submitted by the learned counsel for the applicant that the applicant has been convicted under Section 10 of POCSO Act and sentenced to undergo rigorous imprisonment for 5(five) years, out of which the applicant has already been completed two and half years detention in jail hazot. As such, the applicant may be allowed to go on bail till disposal of the appeal. In support of his submission, the learned counsel for the applicant has placed reliance on the following case laws-

(i) Bhagwan Rama Shinde Gosai & Ors. Vs. State of Gujarat, reported in (1999) 4 SCC 421.

(ii) Atul @ Ashutosh vs. State of Madhya Pradesh, reported in

(2024) 3 SCC 663.

(iii) Kiran Kumar vs. State of M.P., reported in (2001) 9 SCC 211.

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

¶5The learned Amicus Curiae for the respondent No. 2 submits that she has no objection regarding the prayer of the applicant. Page No.# 4/4

¶6I have considered the submissions made by the learned counsel for the parties as well as perused the judgment of the learned trial court.

¶7Considering the sentence imposed by the learned trial court, without further going into the merit of the case, prayer of the applicant is allowed.

¶8Accordingly, the applicant, namely Diganta Saikia, shall be released on bail suspending the sentence during pendency of appeal in connection with Special(P) Case No. 49/2016, subject to the following condition(s):

(i) The applicant shall furnish a bail bond of Rs.20,000/- with one suitable surety of the like amount to the satisfaction of the learned Special Judge, Charaideo, Assam.

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

¶9Nothing in this order shall be construed as an expression of opinion on the merits of the pending criminal appeal.

¶10In view of the above, interlocutory application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010151092022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/562/2022 DIGANTA SAIKIA S/O SRI SONESWAR SAIKIA, RESIDENT OF VILLAGE GOMIRI GAYAN GAON, PS NITAIPUKHURI, DIST CHARAIDEO ,ASSAM 785662 VERSUS THE STATE OF ASSAM AN ANR. REPRESENTED BY PP ASSAM 2:SRI MRIDUL SWARGIARY S/O SUNANDA SWARGIARY RESIDENT OF TEOK BANGALI GAON PADUMANI CHUK PS SONARI DIST CHARAIDEO ASSAM 78511 Advocate for the Petitioner : MR. B K MAHAJAN, MR. A CHAUDHURY,MR. P K DAS,MR. N MAHAJAN,MR. D BORA,MS. R M SAIKIA Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE FOR R-2 Linked Case : Crl.A./235/2022 DIGANTA SAIKIA S/O SRI SONESWAR SAIKIA RESIDENT OF VILLAGE GOMIRI GAYAN GAON PS NITAIPUKHURI DIST CHARAIDEO ASSAM 785662 Page No.# 2/4 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:SRI MRIDUL SWARGIARY S/O SUNANDA SWARGIARY RESIDENT OF TEOK BANGALI GAON PADUMANI CHUK PS SONARI DIST CHARAIDEO ASSAM 785112 ------------ Advocate for : MR. B K MAHAJAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI