Allowed

Paban Goswami v. the State of Assam and Anr.

Gauhati HC8 Jun 2020I.A.(Crl.)/82/2020

Case brief

AI extract

What is this about?

Hearing an application under Section 389 Cr.P.C. for suspension of sentence pending appeal. Considering the Covid-19 situation, the court granted bail allowing suspension of the death or imprisonment sentence imposed in the Sessions case involving rape conviction.

What did the court decide?

Suspension of sentence pending appeal and granting bail on security of Rs. 30,000 with one surety.

Paban Goswami Vs the State of Assam and Anr. — Bail and Remand | Gauhati HC (2020)

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Page No.# 1/2

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GAHC010010202020

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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.) 82/2020

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1:PABAN GOSWAMI S/O- LATE MAKHAN GOSWAMI R/O- MAHARA GAON P.S. TEOK DIST.- JORHAT ASSAM.

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VERSUS

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1:THE STATE OF ASSAM AND ANR REP. BY THE PUBLIC PROSECUTOR GAUHATI HIGH COURT

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2:ATANU DUTTA S/O- LATE BHABANATH DUTTA R/O- ACHYUT MARG TEOK P.S. TEOK DIST.- JORHAT ASSAM PIN- 785112.

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Advocate for the Petitioner : MR. T J MAHANTA Advocate for the Respondent : PP ASSAM

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 08-06-2020

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Heard Mr. T.J. Mahanta, learned Sr. counsel for the applicant/appellant as well as Mr. R.J. Baruah, learned Addl. P.P., Assam appearing for the State/respondent No. 1.

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By this application under Section 389 Cr.P.C., the applicant/appellant has prayed for suspension of sentence contained in the impugned Judgment and Order, dated 17.12.2019, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 235(J-J) 2016 convicting the accused/appellant u/s 376 of the IPC and sentencing him to undergo R.I. for 7 years and to pay fine of Rs. 10,000/- (Rupees Ten Thousand) only, in default, to undergo simple imprisonment for a period of 2 (two) months and for allowing him to go on bail.

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After considering the grounds cited in the application and on hearing the learned counsel for the parties and further, considering the current situation that has arisen due to Covid-19 pandemic, without going deep into the materials available on evidence, this Court finds that the petitioner may be allowed to go on bail. Accordingly, it is provided that the operation of the sentence passed in the Judgment and Order, dated 17.12.2019, by the learned Sessions Judge, Jorhat in Sessions Case No. 235(J-J) 2016 shall remain suspended till disposal of the connected appeal. The applicant/appellant is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned Sessions Judge, Jorhat.

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With the above directions, the I.A. stands disposed of.

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JUDGE

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Comparing Assistant

Paban Goswami v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Paban Goswami 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

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Parties & counsel

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