- Court
- High Court of Gauhati
- Decided
- 26 June 2024
- Bench
- Parthivjyoti Saikia
- Case no.
- I.A.(Crl.) 655/2022
Judgment
Page No.# 1/2 GAHC010218682022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/655/2022 RAUSAN ALI MANDAL @ RAUSON ALI MANDAL S/O-MD. AMIR MANDAL, R/O-VILL-NO. 1 POPRAGAON, P.O. AND P.S.- BONGAIGAON, DIST.- BONGAIGAON, PIN-783380 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:MD. MAJIBUR RAHMAN S/O-LATE SAMSUL HOQUE MONDAL R/O VILL-NO. 1 POPRAGAON P.O. AND P.S.- BONGAIGAON DIST.- BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR. M A MONDAL Advocate for the Respondent : PP, ASSAM
:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R
27.06.2024 Heard Mr. N. Uddin, learned counsel appearing for the applicant. Also heard Mr. Bankim Sarma, learned Addl. Public Prosecutor, Assam. Page No.# 2/2
¶2In this case, Amicus Curiae was appointed to represent the informant. But the learned Amicus Curiae is absent today.
¶3This is an application under Section 389 of the Code of Criminal Procedure (Cr.P.C) praying for suspending the judgment and order dated 27.11.2020 passed by the learned Sessions Judge, Bongaigaon in Special (P) Case No.33(BNG)/2018 (arising out of G.R. No.628/2018).
¶4The applicant was convicted under Section 366 of the Indian Penal Code as well as Section 6 of the POCSO Act.
¶5Today, I have gone through the evidence available in the record as well as the judgment passed by the trial court. Considering all these, the prayer of the applicant/appellant is allowed.
¶6Accordingly, the judgment and order dated 27.11.2020 passed by the learned Sessions Judge, Bongaigaon in Special (P) Case No.33(BNG)/2018 (arising out of G.R. No.628/2018) shall remain stayed till disposal of the connected criminal appeal.
¶7The applicant Rausan Ali Mandal @ Rauson Ali Mandal is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Bongaigaon. The Interlocutory Application is disposed of accordingly.
JUDGE Comparing Assistant
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