Allowed

Sri Sanjib Rabha v. the State of Assam and Anr.

Gauhati HC14 Sept 2022I.A.(Crl.)/533/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an interlocutory application for suspension of sentence and bail. The applicant, convicted and sentenced in a POCSO case, having served half his sentence, was granted bail on ₹40,000, subject to a final hearing on the connected criminal appeal. The sentence operation was stayed.

What did the court decide?

Release on bail of Rs.40,000 with one surety; operation of sentence stayed until disposal of connected appeal.

Sri Sanjib Rabha Vs the State of Assam and Anr. — Bail and Remand | Gauhati HC (2022)

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GAHC010065672020

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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.)/533/2020

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SRI SANJIB RABHA S/O- SRI SAMUDRA RABHA, R/O- VILL.- PACHIM MANIKPUR, P.S. PALASBARI, DIST.- KAMRUP, GUWAHATI, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND ANR REP. BY THE PUBLIC PROSECUTOR, ASSAM

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2:BARUN SANGMA S/O- SRI BAGA RAM DAS R/O- VILL.- BORJURI P.S. PALASBARI-781128

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Advocate for the Petitioner : MR. K K KALITA

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Advocate for the Respondent : PP, ASSAM

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Linked Case : Crl.A./62/2021

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SRI SANJIB RABHA S/O- SAMUDRA RABHA

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R/O- VILLAGE PACHIM MANIKPUR P.S.- PALASBARI DISTRICT- KAMRUP GUWAHATI ASSAM. VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM

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2:BARUN SANGMA S/O- BAGA RAM DAS R/O- VILLAGE BORJURI P.S.- PALASBARI-781128.

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-----------Advocate for : MR A TALUKDAR Advocate for : PP

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ASSAM appearing for THE STATE OF ASSAM AND ANR

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 14.09.2022

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Heard Mr. B. Prasad, learned counsel for the applicant/appellant as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent No. 1.

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By this interlocutory application under Section 389(2) Cr.P.C., the applicant/appellant, who is convicted and sentenced vide the impugned Judgment and Order, dated 19.03.2018, passed in Special Sessions (POCSO) Case No. 09/2014 by the learned Sessions Judge, Kamrup at Amingaon, has prayed for suspension of sentence and to allow him to go on bail.

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Without going deep into the merit of the case and considering the fact that the applicant/appellant has served out the sentence of 5 years out of 10 years of imprisonment, subject to final hearing on the connected appeal, it is provided that the operation of the sentence passed in Special Sessions (POCSO) Case No. 09/2014 on 19.03.2018 shall remain stayed till disposal of the connected Criminal Appeal No.

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62/2021. The applicant/accused is directed to be released on bail of Rs.40,000/- with one surety of like amount to the satisfaction of the learned Sessions Judge, Kamrup at Amingaon.

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With the above directions, the Interlocutory Application stands disposed of.

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JUDGE

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Comparing Assistant

Sri Sanjib Rabha v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Sri Sanjib Rabha v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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