In an application under Section 389 Cr.P.C., the Gauhati High Court suspended the execution of a 10-year sentence for POCSO/IPC 376 offences pending disposal of the appeal and granted bail with security to the First Respondent.
Suspension of sentence pending appeal; bail granted with security of Rs. 30,000 and surety to the First Respondent.
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GAHC010186862018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Crl.) 710/2018
1:SRI ANIL KUMBANG S/O BALARAM KUMBANG R/O AYENGIA PATITRI GAON P.S. SILAPATHAR DIST. DHEMAJI ASSAM.
VERSUS
1:THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM.
2:SRI CHENIRAM LAGASU S/O LATE BHUBAN LAGASU R/O AYENGIA PATITRI GAON P.S. SILAPATHAR DIST. DHEMAJI ASSAM.
Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : PP ASSAM
Case No. : Crl.A. 289/2018
1:SRI ANIL KUMBANG
S/O BALARAM KUMBANG, R/O AYENGIA PATITRI GAON, P.S. SILAPATHAR, DIST. DHEMAJI, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND ANR
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REPRESENTED BY PP, ASSAM.
2:SRI CHENIRAM LAGASU S/O LATE BHUBAN LAGASU R/O AYENGIA PATITRI GAON P.S. SILAPATHAR DIST. DHEMAJI ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 14-03-2019
Heard Mr. S.C. Biswas, learned counsel for the applicant and Mr. B. B. Gogoi, learned Addl. Public Prosecutor for the State.
This interlocutory application u/s 389 Cr.P.C. is filed by the applicant praying for suspension of sentence and also for bail.
The applicant was convicted u/s 6 of the POCSO Act read with Section 376 IPC by the learned Sessions Judge, Dhemaji and sentenced to rigorous imprisonment for 10 (ten) years and fine of Rs. 5,000/- with default stipulation. The appeal filed by the petitioner is already admitted for hearing.
Perused the record of the trial court and the evidence on record.
Having considered the submissions of the learned counsel for the applicant as well as the learned Addl. Public Prosecutor and the evidence materials brought on record, it is provided that the execution of the sentence passed by the learned Sessions Judge in Sessions Case No. 131(DH)/2015 shall remain suspended till disposal of the criminal appeal. The
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petitioner shall be released on bail of Rs. 30,000/- with a solvent surety of like amount to the satisfaction of the learned trial court.
IA stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the applicant is entitled to suspension of sentence and bail pending the disposal of the criminal appeal?
2 provisions across 2 enactments
Anil Kumbang
State of Assam
Cheniram Lagasu
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
