Mojibar Rahman v. The State of Assam and Anr. A

Page No.# 1/2 GAHC010188362023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1248/2023 MOJIBAR RAHMAN S/O-LATE. SONE SK, VILL-SATBIL, P.S-GOSSAIGAON, DIST.- KOKRAJHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. A REPRESENTED BY P.P. ASSAM. 2:MD. SHAH ALOM S/O-MD. SAHABUDDIN SHEIKH VILL-GUWABARI P.S-GOSSAIGAON DIST.- KOKRAJHAR ASSAM Advocate for the Petitioner : MR P K DAS Advocate for the Respondent : PP, ASSAM

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

20.06.2024

Heard the learned counsel Mr. A. Ahmed appearing for the applicant. I have also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam. Page No.# 2/2

¶2This is an application under Section 389 of the Code of Criminal Procedure praying for suspension of sentence passed by the learned Special Judge, POCSO, Kokrajhar in Special Case No.45/2018 arising out of Gossaigaon P.S. Case No.284/2018.

¶3After hearing both sides and after going through the record, the prayer of the applicant is allowed.

¶4The judgment and order dated 03.02.2023 passed by the learned Special Judge, POCSO, Kokrajhar in Special Case No.45/2018 arising out of Gossaigaon P.S. Case No.284/2018 shall remain stayed till disposal of the appeal.

¶5The applicant Md. Mojibar Rahman is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, POCSO, Kokrajhar. The Interlocutory Application is disposed of.

JUDGE Comparing Assistant