Prabin Paul @ Probin Paul v. the State of Assam and Anr.
Case brief
What is this about?
Suspension of sentence pending criminal appeal — Gauhati High Court, single bench of Justice Manish Choudhury, order dated 11.08.2025, I.A.(Crl.)/747/2025, arising from Criminal Appeal no. 293/2025 challenging conviction dated 19.06.2025 by Special Judge [POCSO], Dibrugarh in POCSO Case no. 52/2018 under Section 354B IPC and Section 12 POCSO Act (sentence in view of Section 42 POCSO Act: RI 3 years plus Rs. 10,000/- fine with default stipulation); liberal approach to suspension of fixed-term sentence on statutory appeal per Bhagwan Rama Shinde Gosai vs. State of Gujarat [1999] 4 SCC 421; previous bail under Section 430[3] BNSS 2023; prima facie case found; release on fresh bail on Rs. 20,000/- bond with one like surety.
What did the court decide?
Execution of the sentence passed against the applicant-appellant suspended pending disposal of Criminal Appeal no. 293/2025; applicant-appellant to be released on fresh bail subject to furnishing a bail bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of the Special Court. The interlocutory application stands disposed of in these terms.