Allowed

Sri Daya Ram Barman v. the State of Assam and Anr.

Gauhati HC3 Sept 2019I.A.(Crl.)/111/2019

Case brief

AI extract

What is this about?

The Gauhati High Court allowed bail to an appellant convicted under the POCSO Act and IPC for abetment towards committing rape, pending the hearing of his appeal, considering the length of his detention and concession from the prosecution.

What did the court decide?

Bail of Rs.20,000 with one surety of like amount, to the satisfaction of the trial Court, was allowed.

Sri Daya Ram Barman Vs the State of Assam and… — Child Sexual Offences (POCSO) | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010026372019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Crl.) 111/2019

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1:SRI DAYA RAM BARMAN

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S/O LATE ANNA RAM BARMAN, R/O VILL. BHOJKUCHI (OJA PARA0, P.S. TIHU, DIST. NALBARI, ASSAM.

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VERSUS

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1:THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM

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2:KULEN BARMAN S/O SRI KARUNA BARMAN R/O VILL. BHOJKUCHI (OJA PARA) P.S. TIHU DIST. NALBARI ASSAM

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Advocate for the Petitioner : MR. B K MAHAJAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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03-09-2019.

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Heard Mr. B.K. Mahajan, learned counsel for the petitioner/appellant as well as Mr. B.B. Gogoi, the learned Addl. P.P., Assam for the respondent State.

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By way of this application u/s.389 of the CrPC, the petitioner Daya Ram Barman has prayed for bail,

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who is behind the bar since the date of judgment dated 20.12.2018. The accused in convicted u/s.8 & 12 of the POCSO Act read with Section 354(B) of the IPC, in Special (P) Case No.7/2016, by the learned Sessions Judge, Nalbari and sentenced him to undergo R.I. for 5 years and also to pay a fine of Rs.10,000/-, in default to suffer S.I. for 6 months u/s.8 of the POCSO Act; S.I. for two years and a fine of Rs.2,000/- i/d. S.I. for 2 months u/s.12 of the POCSO Act and to undergo S.I. for 3 years and to pay a fine of Rs.10,000/- i/d. to suffer S.I. for 6 months u/s.354(B) of the IPC.

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Considered the submission of learned counsel for both the parties and also gone through the record.

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It has been contended that the accused/petitioner was also behind the bar during the course of investigation and by this time, he is also lodged behind the bar since the date of judgment i.e. from 20.12.2018, totaling around one year.

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Mr. B.B. Gogoi, the learned Addl. P.P., Assam has also conceded to the submission so made by the learned counsel for the petitioner, in view of length of detention and the fact that the hearing of the appeal will take much time as the service is not yet completed.

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Having regard to the submission of learned counsel for the petitioner and also the fact that there is no immediate prospect of hearing of the appeal, the accused/petitioner is hereby allowed to go on bail of Rs.20,000/- with one surety of like amount, to the satisfaction of the learned trial Court i.e. the Court of Sessions Judge, Nalbari, in Special (P) Case No.7/2016.

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The I.A. Stands disposed of.

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JUDGE

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Comparing Assistant

Sri Daya Ram Barman v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Sri Daya Ram Barman v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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