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2023 DAILYLAW 1795 (GAU)

KARAN GARH @ TUFAN, v. THE STATE OF ASSAM AND ANR.

I.A.(Crl.)/108/2023 · 2026-06-07

Parthivjyoti Saikia

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010030392023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/108/2023 KARAN GARH @ TUFAN, S/O SRI SIBIYA ORANG, R/O NO. 2, SONARIBILL GAON, P.S.-URIAMGAHT, DIST-GOLAGHAT, ASSAM, PIN-785705 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:GOHOI URANG S/O BONDUWA ORANG R/O NO. 2 SONARIBILL GAON P.S.-URIAMGHAT DIST-GOLAGHAT ASSAM PIN-78570 Advocate for the Petitioner : MR. A CHAMUAH, Advocate for the Respondent : PP, ASSAM, MS T PARASHAR (AMICUS CURIAE,R2) Linked Case : Crl.A./199/2021 KARAN GARH @ TUFAN S/O SRI SIBIYA ORANG R/O NO. 2 SONARIBILL GAON Page No.# 2/3 P.S.-URIAMGAHT DIST-GOLAGHAT ASSAM PIN-785705 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:GOHOI URANG S/O BONDUWA ORANG R/O NO. 2 SONARIBILL GAON P.S.-URIAMGHAT DIST-GOLAGHAT ASSAM PIN-785705 ------------ Advocate for : MR. A CHAMUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.06.2026 Heard Dr. A. Chamuah, learned counsel appearing for the applicant. Also heard Mr. K K Porasor, learned Additional Public Prosecutor, Assam and Ms. T. Porasor, learned Amicus Curiae, learned counsel appearing for the respondent no. 2. This is an application filed under Section 389 of the CrPC praying for suspension of sentence dated 02.09.2021 passed by the learned Special Judge, PoCSO, Golaghat, Assam in PoCSO Special Case No. 75/2016 and to allow the applicant Sri Karan Garh @ Tufan to go on bail. I have gone through the judgment and have considered the submissions made by the learned counsel for both the sides. The learned Additional Public Prosecutor has raised objection against the prayer of the applicant. Considering entire aspect of the matter, the sentence imposed upon the applicant Sri Karan Garh @ Tufan by the learned Special Judge, PoCSO, Golaghat, Assam in PoCSO Special Case No. 75/2016 shall remain suspended till disposal of the connected Criminal Appeal No. 199/2021. Page No.# 3/3 In view of the above, the applicant Sri Karan Garh @ Tufan, who is in jail in connection with PoCSO Special Case No. 75/2016, is allowed to go on bail of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Special Judge, PoCSO, Golaghat, Assam. The interlocutory application is disposed of. JUDGE Comparing Assistant