Lakhi Prasad Das v. the State of Assam and Anr.
Case brief
What is this about?
The High Court rejected an interim application filed by an applicant convicted under Section 6 of the POCSO Act. The petition sought suspension of sentence and bail pending his criminal appeal. Finding that the prosecution succeeded in establishing the charge against the applicant, the Court held that he was not eligible for bail during the appeal's pendency.
What did the court decide?
Prayer for suspension of sentence and release on bail stands rejected.
What the court decided
Page No.# 1/2
GAHC010181642022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/546/2022
LAKHI PRASAD DAS S/O LATE JOGEN DAS
RESIDENT OF VILLAGE DORIKAPAR RAJABARI, PS AND DIST SIVASAGAR, ASSAM 785640
VERSUS
THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM
2:NAYANMONI DAS W/O SRI GAUTOM DAS RESIDENT OF VILLAGE DORIKAPAR RAJABARI PS AND DIST SIVASAGAR ASSAM 78564
Advocate for the Petitioner : MR. J P MORE
Advocate for the Respondent : PP, ASSAM
BEFORE
Issues for consideration
3 issues framed by the court
Whether bail should be granted to an applicant convicted under Section 6 of the POCSO Act who is appealing against his conviction and sentence.
Whether the current case is a fit case for releasing the applicant on bail during the pendency of the appeal.
Whether the I.A. for suspension of sentence and release on bail should be allowed in a POCSO case where prosecution has succeeded.
Parties & counsel
- applicant
Lakhi Prasad Das S/o Late Jogen Das
- respondent
The State of Assam
- respondent
Nayanmoni Das W/o Sri Gautom Das
Coram
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · December
- Registered
- Case no.
- I.A.(Crl.)/546/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court