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2025 DAILYLAW 19763 (GAU)

PRADIP KONWAR v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/1014/2024 · 2025-02-19

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010215552024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1014/2024 PRADIP KONWAR S/O. PRAFULLA KONWAR, R/O. VILL. PATIDAYA, P/S. MORIGAON, DIST.- MORIGAON, ASSAM, PIN-782104. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM. 2:GEETALI BORDOLOI W/O. HARIK JYOUTI BORDOLOI R/O. VILL.- OUJARI P/S. MORIGAON PIN-782105 DIST. MORIGAON ASSAM Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS F INTAZ Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE (R-2) Page No.# 2/2 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 20.02.2025 Heard Mr. M.A. Sheikh, the learned counsel appearing for the applicant. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam as well as Mr. S. Nawaz, the learned Amicus Curiae. 2. This is an application under Section 389 of the CrPC praying for suspension of sentence imposed upon the applicant by the learned Special Judge (POCSO), Morigaon in POCSO Case No.56/2020. 3. The applicant allegedly tried to sexually molest a 16 year old girl in her house. There is evidence on record that the girl was maintaining a romantic relationship with the present applicant. 4. I have gone through the judgment passed by the learned trial judge. 5. It is hereby directed that the sentence imposed upon the present applicant on 02.09.2024 by the learned Special Judge (POCSO), Morigaon in POCSO Case No.56/2020 shall remain suspended till disposal of the connected appeal. 6. It is further directed that the applicant Sri Pradip Konwar shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Morigaon. With the aforesaid direction, the present application is disposed of. JUDGE Comparing Assistant