Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 31 July, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010146772024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/688/2024
GIRIN SAIKIA AND 4 ORS.
S/O BIDHAN SAIKIA
R/O TINSUKIA GAON
P.S.- BORBORUAH
DIST.- DIBRUGARH
ASSAM.
2: ANANDA KARMAKAR
S/O LATE DHARMESWAR KARMAKAR
VILL.- NO. 3 MADHAKALI
P.S.- KHOWANG
DIST.- DIBRUGARH
ASSAM.
3: ANANTA DUWARAH @ ANANTA DOWARAH
S/O LATE PADMA DIWARAH
R/O HULLUNG KATONI GAON
P.S.- NAZIRA
DIST.- SIVASAGAR
ASSAM.
4: BHARAT GOGOI
S/O BOGADHAR GOGOI
R/O MALOWKHAT GAON
P.S.- PULIBOR
DIST.- JORHAT
ASSAM.
5: UTPAL KAKATY @ UTPAL KAKATI
S/O DAYARAM KAKATY
Page No.# 2/3
R/O DEORI GAON
P.S.- NAGAON SADAR
DIST.- NAGAON
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM.
2:KUNTILA SONOWAL
W/O LATE CHENGELI SONOWAL
VILL.- NO.2 SONOWALGAON
P.S.- SADIYA
DIST.- TINSUKIA
ASSAM
PIN- 786158.
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Advocate for : MR. B K MAHAJAN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 31.07.2024 [Manish Choudhury, J] Heard Mr. N. Mahajan, learned counsel for the applicant-appellant and Mr. K.K. Das, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.
2. The present application under Section 430[1], Bharatiya Nagarik Suraksha Sanhita, 2023, is preferred seeking suspension of the execution of the sentenced passed in present applicant-appellant for his release on bail. The applicant as the appellant preferred the connected appeal, Criminal Appeal no. 231/2024 against a Judgment and Order dated 26.06.2024 passed by the Court of the learned Sessions Judge, Tinsukia in Sessions Case no. 24[CH]/2018. By the Judgment and Order dated 26.06.2024, the applicant-appellant has been convicted for the offence under Section 302, Indian Penal Code [IPC], the Page No.# 3/3 applicant-appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 2 [two] months.
3. Issue notice, returnable in 4 [four] weeks.
4. As Mr. Das, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, State of Assam, issuance of formal notice to the opposite party no. 1, stands dispensed with. However, an extra copy of the memo of appeal along with annexures, is to be furnished to Ms. Bhuyan within 3 [three] working days from today.
5. The learned counsel for the applicant-appellant shall takes steps of service of notice upon the opposite party no. 2 by the registered post with A/D within 3 [three] working days from today.
6. The learned Additional Public Prosecutor shall make endeavor to file objection to the instant application on or before the returnable date.
7. List the case after 4 [four] weeks.
JUDGE JUDGE Comparing Assistant