Gauhati High Court
Page No.# 1/2 vs The State Of Assam And Anr on 1 December, 2023
Page No.# 1/2
GAHC010267232023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1158/2023
ABDUL KALAM SHEIKH AND ANR.
S/O ADUL NUR
VILL.- LALKURA PT- II
P.O.- SAHEBGANJ
P.S.- GAURIPUR
DIST.- DHUBRI
ASSAM
PIN- 783331.
2: ABDUL HAI SK.
S/O ADUL NUR
VILL.- LALKURA PT- II
P.O.- SAHEBGANJ
P.S.- GAURIPUR
DIST.- DHUBRI
ASSAM
PIN- 783331.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P.
ASSAM.
2:MOTIOR RAHMAN
S/O LATE MOJIBAR RAHMAN
VILL.- MOTERJHAR
P.O. AND P.S.- GOLAKGANH
DIST.- DHUBRI
ASSAM
PIN- 783334.
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Advocate for : MR B D DAS
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
Page No.# 2/2
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 01.12.2023 Heard Mrs. R. Deka, learned counsel for the applicant.
This is an application under Section 389 of the Code of Criminal Procedure, 1973 praying for suspending of sentence imposed on the present applicants by the judgment dated 29.09.2023 passed by the learned Additional Sessions Judge, Dhubri in Sessions Case No. 11/2017. The said judgment has been impugned by the present applicants in a connected appeal which has been registered as Criminal Appeal No. 439/2023.
Issue notice to the respondents.
As Ms. S. H. Bora, learned Additional Public Prosecutor has appeared for the respondent No. 1, no formal notice need to be issued to respondent No. 1. As regards the respondent No. 2 is concerned, the petitioner shall take steps for issuance of notice on respondent No. 2 by registered post with A/D within three days from the date of this order, returnable after two weeks.
List this matter after two weeks.
JUDGE Comparing Assistant