Gauhati High Court
Shahjahan Hussain vs The State Of Assam And Anr on 22 April, 2025
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
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GAHC010139252024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/819/2024
SHAHJAHAN HUSSAIN
S/O SRI ABDUL SATTAR,
R/O KATAHBARI, P.S.- GORCHUK, GUWAHATI, DIST.- KAMRUP (M),
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. HEREIN BY ITS PUBLIC PROSECUTOR.
2:NABIN KUMAR MISHRA
S/O SRI SACHINDRA MISHRA
R/O KATAHBARI
P.S.- GORCHUK
GUWAHATI
DIST.- KAMRUP (M)
ASSAM
Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY
Advocate for the Respondent : PP, ASSAM, MR D K BHATTACHARYYA, AMICUS CURIAE FOR
R-2
Linked Case : Crl.A./115/2024
SHAHJAHAN HUSSAIN
S/O SRI ABDUL SATTAR
R/O KATAHBARI
P.S.- GORCHUK
GUWAHATI
DIST.- KAMRUP (M)
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ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. HEREIN BY ITS PUBLIC PROSECUTOR.
2:NABIN KUMAR MISHRA
S/O SRI SACHINDRA MISHRA
R/O KATAHBARI
P.S.- GORCHUK
GUWAHATI
DIST.- KAMRUP (M)
ASSAM.
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Advocate for : MR S BORTHAKUR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 22.04.2025
Heard the learned counsel Mr. S Borthakur appearing for applicant. Also heard Ms. N
Das, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr.
A.K. Bhattacharyya, the learned Amicus Curiae representing the respondent No.2.
2. This is an application under Section 389 (1) of the Code of Criminal Procedure, 1973
praying for suspension of sentence imposed upon the applicant by the learned Additional
Sessions Judge-cum-Special Judge (POCSO), Kamrup (Metro), Guwahati in Sessions Case No.
57/2018 as well as for allowing him to go on bail.
3. The applicant was convicted under Sections 366/376(2)(f) of the Indian Penal Code
read with Section 4 of the POCSO Act, 2012.
4. I have considered the submissions made by the learned counsel of both sides. I have
also gone through the evidence of the victim girl as well as her statement that was recorded
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under Section 164 of the Cr.P.C.
5. At this stage, this Court could not make any opinion about the merit of the case.
However, this Court is of the opinion that the prayer of the applicant deserves to be allowed.
Therefore, the sentence imposed upon the applicant Shahjahan Hussain by the learned
Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup (Metro), Guwahati in
Sessions Case No. 57/2018 shall remain suspended till disposal of the connected appeal.
6. The applicant, namely, Shahjahan Hussain shall be allowed to go on bail of ₹25,000/-
with a surety of like amount to the satisfaction of the learned Additional Sessions Judge-cum-
Special Judge (POCSO), Kamrup (Metro) at Guwahati.
7. The IA stands disposed of accordingly.
JUDGE
Comparing Assistant