Allowed bail to a convicted accused under POCSO Act pending appeal against conviction and sentence. Stayed execution of sentence.
Allowed bail till disposal of appeal; Stayed execution of sentence.
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GAHC010162622019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A. 289/2019
1:SRI SIBA MAHANTA
S/O- LATE GOPAL MAHANTA, R/O- JOYSIDHI (SHANTIPUR), P.S. SOOTEA, DIST.- SONITPUR, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND ANR REP. BY P.P., ASSAM.
2:SMT. TUTU BHUYAN W/O- SRI LATE KHIRADHAR BHUYAN R/O- JOYSIDHI (SHANTIPUR) P.S. SOOTEA DIST.- SONITPUR ASSAM
Advocate for the Petitioner : MR A D CHOUDHURY
Advocate for the Respondent : PP, ASSAM
Linked Case : I.A.(Crl.) 610/2019
1:SRI SIBA MAHANTA S/O- LATE GOPAL MAHANTA R/O- JOYSIDHI (SHANTIPUR) P.S. SOOTEA DIST.- SONITPUR ASSAM. VERSUS
1:THE STATE OF ASSAM AND ANR REP. BY P.P.
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ASSAM.
2:SMT. TUTU BHUYAN W/O- SRI LATE KHIRADHAR BHUYAN R/O- JOYSIDHI (SHANTIPUR) P.S. SOOTEA DIST.- SONITPUR ASSAM.
Advocate for the Petitioner : MR A D CHOUDHURY Advocate for the Respondent : PP ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
01-08-2019.
Heard the learned counsel appearing for the petitioner. Also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam for the State respondent.
By filing this application, prayer has been made for bail of the accused/appellant Siba Mahanta, as well as suspension of the sentence passed in Special (POCSO) Case No.51/2018, by the learned Special Judge (FTC), Sonitpur, whereby the accused/appellant has been convicted u/s.8 of the POCSO Act and has been sentenced for rigorous imprisonment for a period of three years and pay fine of Rs.5000/-, in default of payment of file, he shall undergo rigorous imprisonment for two months.
Considered the submission so made and gone through the impugned judgment and order.
As the appeal has already been admitted for hearing, considering the nature of accusation and sentence, the accused person is allowed to remain on previous bail, till disposal of the appeal.
There will be stay of execution of the sentence till disposal of the appeal.
The I.A. Stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether accused/appellant can remain on bail while appeal against POCSO conviction is pending.
Sri Siba Mahanta
The State of Assam and Anr
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
