The Gauhati High Court granted bail to a convicted applicant pending disposal of a connected criminal appeal, staying the sentence until the appeal is decided, considering his prolonged custody relative to the total term imposed.
Bail granted pending disposal of connected appeal; sentence stayed during pendency of appeal.
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GAHC010135152021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/330/2021
AZINUR RAHMAN S/O- KORIM UDDIN R/O- VILL- POKALAGI PART-V P.S.- GOLAKGANJ DIST- DHUBRI ASSAM PIN- 783334.
VERSUS
THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM.
2:SOHRAB ALI S/O- LATE HAJORAT ALI R/O- VILLAGE- SAGOLIA PART-II P.S.- GOLAKGANJ DIST- DHUBRI ASSAM PIN- 783334.
-----------Advocate for : MR. Y S MANNAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.
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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 18-11-2021
Heard Mr. YS Mannan, learned counsel for the applicant/appellant. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor appearing for the State respondent No. 1 as well as Mr. MN Khan, learned counsel for the respondent No. 2.
This interlocutory application has been filed seeking suspension of the sentence imposed upon the applicant/appellant vide the impugned judgment and order, dated 12.04.2019 passed by the learned Special Judge, Dhubri in Special Case No. 11/2018, convicting and sentencing the applicant/appellant to undergo rigorous imprisonment for 1 year and to pay a fine of Rs. 1,000/- with a default clause for offence punishable under Section 448 of the IPC and also rigorous imprisonment for 5 years and to pay a fine of Rs. 5,000/- with a default clause for offence punishable under Section 10 of the POCSO Act. The sentences are to run concurrently. There is a further prayer in this application to grant bail to the applicant/appellant pending disposal of the connected Criminal Appeal No. 139/2021.
The connected criminal appeal has been admitted by this Court vide order, dated 09.09.2021 and notice has been issued upon the respondent No. 2. Service report is still awaited in the said criminal appeal. However, since the respondent No. 2 entered appearance in this interlocutory application, the same is treated as his appearance in the connected criminal appeal also.
The learned counsel for the applicant/appellant has submitted that if the
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punishment imposed upon the applicant/appellant is to run concurrently, the punishment, in fact, is rigorous imprisonment for 5 years in addition to the fine and default clause.
The learned counsel for the applicant/appellant has submitted that the applicant/appellant has been in custody since 18.09.2017 as found from the copy of the forwarding report produced before this Court by him. He has further submitted that the applicant/appellant was in custody even during trial of the case. The disposal of the connected criminal appeal is likely to take some time since the matter has been admitted only on 09.09.2021. On the other hand, the applicant/appellant has been in custody for more than 4 years, i.e., 1½ of the punishment imposed on him.
Considering the length of detention of the applicant/appellant in custody for more than 1½ of the punishment imposed on him, this Court is inclined to grant bail to him pending disposal of the connected criminal appeal. The sentence imposed upon the applicant/appellant vide the aforesaid judgment is also stayed until disposal of the connected Criminal Appeal No. 139/2021.
The applicant/appellant be released on bail by the learned Special Judge, under the POCSO Act, Dhubri on furnishing a bail bond of Rs. 20,000/- with two suitable sureties, each of the like amount and on conditions to be imposed by the learned Special Judge, under the POCSO Act, Dhubri while releasing the applicant/appellant on bail.
This interlocutory application stands disposed of accordingly.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the applicant pending disposal of a connected criminal appeal.
Whether the sentence imposed upon the applicant should be stayed during the pendency of the appeal.
2 provisions across 2 enactments
Azinur Rahman
The State of Assam
Sohrab Ali
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
