Ratul Kalita @ Dotua v. The State of Assam and Anr

ORDER Date : 12.09.2024 Heard Mr. H. Baruah, learned counsel for the applicant. Mr. B.B. Gogoi, learned Public Prosecutor for the State/respondent No.1 and Mrs. D. Borpujari Deka, learned Legal Aid counsel for the respondent No.2.

¶2This is an application under Section 389 Cr.P.C. praying for granting bail by suspending sentence pending appeal to the applicant against the judgment and order dated 20.07.2023 passed by the learned Additional Sessions Judge cum Special Judge (POCSO), Kamrup, Amingaon, Assam, in connection with Spl(P) Case No. 45/2019, wherein the applicant was convicted under Section 366/341 Page No.# 3/4 IPC and sentenced to undergo simple imprisonment for one month under Section 341 IPC and also rigorous imprisonment for five years for the offence under Section 366 IPC and to pay a fine of Rs.30,000/-, in default simple imprisonment for six months.

¶3The learned counsel for the applicant submits that the applicant may be allowed to go on bail till disposal of the appeal. It is also submitted that there are lots of contradictions in the evidence of the witnesses including the victim as such, there is every possibility of acquittal of the applicant.

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

¶5The learned Legal Aid counsel for the respondent No. 2 submits that she has no objection regarding the prayer of the applicant.

¶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 Ratul Kalita @ Dotua, shall be released on bail suspending the sentence during pendency of appeal in connection with Spl(P) Case No. 45/2019, subject to the following condition:

(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 Additional Page No.# 4/4 Sessions Judge cum Special Judge (POCSO), Kamrup, Amingaon, Assam.

(ii) The learned Additional Sessions Judge cum Special Judge (POCSO), Kamrup, Amingaon, 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 GAHC010188112023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/784/2023 RATUL KALITA @ DOTUA S/O UMESH KALITA, R/O WARD NO. 8, PALASHBARI, P.O. AND P.S.- PALASHBARI, DIST.- KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM. 2:MALATI DAS W/O LT. RATNESWAR DAS R/O PALASHBARI WARD NO. 2 PALASHBARI P.O. AND P.S.- PALASHBARI DIST.- KAMRUP ASSAM Advocate for the Petitioner : MR P SARMA, MR. A. J. DAS,MS. T R KALITA,MR. K PATHAK Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./320/2023 RATUL KALITA @ DOTUA S/O UMESH KALITA R/O WARD NO. 8 PALASHBARI Page No.# 2/4 P.O. AND P.S.- PALASHBARI DIST.- KAMRUP ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P. ASSAM. 2:MALATI DAS W/O LT. RATNESWAR DAS R/O PALASHBARI WARD NO. 2 PALASHBARI P.O. AND P.S.- PALASHBARI DIST.- KAMRUP ASSAM. ------------ Advocate for : MR P SARMA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI