Allowed¶26

Ashok Sarkar v. the State of Assam and Anr.

Gauhati HC7 Aug 2025I.A.(Crl.)/685/2025

Case brief

AI extract

What is this about?

Suspension of execution of sentence pending criminal appeal; release on bail; conviction under Section 354 IPC by Special Judge [POCSO], Dhemaji (Special [POCSO] Case no. 06/2019); acquittal under Section 8 POCSO Act 2012; previous bail under Section 430(3) BNSS; reliance on Bhagwan Rama Shinde Gosai v. State of Gujarat [1999] 4 SCC 421 (liberal suspension of fixed-term sentence); bail bond Rs. 10,000/-; Gauhati High Court, Manish Choudhury, J., 08-08-2025; I.A.(Crl.)/685/2025.

What did the court decide?

Execution of the sentence suspended pending disposal of the criminal appeal; applicant-appellant to be released on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court. ¶26

Ashok Sarkar Vs the State of Assam and Anr. — Child Sexual Offences (POCSO) | Gauhati HC (2025)

What the court decided

AI extract

Outcome

¶26

Issue for consideration

Whether the execution of the sentence imposed on the applicant-appellant should be suspended pending disposal of his accompanying criminal appeal, and whether he should be released on bail.

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Court's answer

Considering the period of sentence imposed, the applicant-appellant has made out a prima facie case for suspension of sentence pending disposal of the appeal.

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Ratio / Principle

Pending disposal of the appeal, execution of the sentence passed against the applicant-appellant shall remain suspended, and he is to be released on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court.

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Detailed headnote1 paragraphs

Gauhati High Court (Manish Choudhury, J.), order dated 08-08-2025 in I.A.(Crl.)/685/2025 — Ashok Sarkar v. The State of Assam & Anr.: The Court allowed the applicant-appellant's application seeking suspension of execution of sentence and release on bail. The applicant stood convicted under Section 354, IPC by the learned Special Judge [POCSO], Dhemaji by Judgment and Order dated 28.05.2025 in Special [POCSO] Case no. 06/2019, sentenced to rigorous imprisonment for 2 years and fine of Rs. 20,000/- (default: further rigorous imprisonment of 3 months), having been acquitted of the charge under Section 8, POCSO Act, 2012; he had been permitted to remain on previous bail under Section 430(3), BNSS to file the accompanying criminal appeal. Relying on Bhagwan Rama Shinde Gosai vs. State of Gujarat, [1999] 4 SCC 421 (suspension of a fixed-period sentence on a statutory appeal may be considered liberally absent exceptional circumstances), the Court held that a prima facie case for suspension of sentence was made out, suspended execution of the sentence pending disposal of the appeal, and directed release on a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court. The interlocutory application stands disposed of accordingly.

Page No.# 1/3

GAHC010135512025

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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.)/685/2025

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ASHOK SARKAR

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S/O. KHAGEN SARKAR, VILL.- PANBARI, SHIVNAGAR, P/S. CHILAPATHAR, P/O. MUZIAR, DIST. DHEMAJI, PIN-787057.

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VERSUS

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THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM. 2:DIPOK MONDOL S/O. SRI ROMINI MONDOL VILL.- PANBARI SIVANAGAR P/O. MUZIAR P/S. SILAPATHAR DIST. DHEMAJI PIN-787057

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Advocate for the Petitioner : MR. T SK, MR. I ALAM

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 08-08-2025

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Heard Mr. I. Alam, learned counsel for the applicant-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party no. 1,

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State of Assam.

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The instant application is preferred by the applicant-appellant seeking suspension of execution of the sentence passed against him and for his release on bail.

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The applicant-appellant has preferred the accompanying criminal appeal against a Judgment and Order dated 28.05.2025 passed by the Court of learned Special Judge [POCSO], Dhemaji [‘the Special Court’, for short] in Special [POCSO] Case no. 06/2019. By the Judgment and Order dated 28.05.2025, the Special Court has convicted the applicant-appellant for the offence under Section 354, Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for 2 years and to a pay fine of Rs. 20,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 3 months.

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It is submitted at the Bar that since the applicant-appellant has been acquitted of the charge under Section 8, Protection of Children from Sexual Offences Act, 2012, service of notice upon the opposite party no. 2-informant is not imperative and the instant application can be considered without the presence of the opposite party no. 2-informant.

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It is submitted that the applicant-appellant in order to prefer the accompanying criminal appeal, has been allowed to remain on previous bail by the learned Special Court under Section 430[3], BNSS.

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The Hon’ble Supreme Court of India in Bhagwan Rama Shinde Gosai vs. State of Gujarat reported in [1999] 4 SCC 421, has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal

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under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances.

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Having considered the period of sentence passed against the applicantappellant, this Court is of the considered view that the applicant-appellant has made out a prima facie case for suspension of sentence pending disposal of the appeal.

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It is, therefore, ordered that pending disposal of appeal, execution of the sentence passed against the applicant-appellant shall remain suspended and the applicant-appellant is allowed to be released on bail subject to furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court.

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The interlocutory application stands disposed of in the afore-stated terms.

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JUDGE

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Comparing Assistant

Ashok Sarkar v. the State of Assam and Anr.

Case brief

What is this about?

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Ashok Sarkar v. the State of Assam and Anr.

Case brief

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