Gauhati High Court
R/O- Krishna Bihari Tea Estate vs The State Of Assam And Anr on 14 June, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/2
GAHC010062302024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/549/2024
BORUN NAYAK
S/O- SRI BASUDEV NAYAK
R/O- KRISHNA BIHARI TEA ESTATE
BORLINE
P.O. AND P.S.- DEMOW
DIST- SIVASAGAR
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY PP
ASSAM.
2:SRI DIPAK KHODAL
S/O- LATE MOLIA KHODAL
R/O- KRISHNA BIHARI TEA ESTATE
KATELASUWA
P.O. AND P.S.- DEMOW
DIST- SIVASAGAR
ASSAM.
------------
Advocate for : MR. K GOGOI
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
Page No.# 2/2
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 14.06.2024 [Manish Choudhury, J] Heard Ms. P. Borah, learned counsel for the applicant-appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the opposite party, State of Assam.
2. The present application under Section 389, Code of Criminal Procedure, 1973 is preferred seeking suspension of execution of the sentence passed against the applicant-appellant and for release of the applicant-appellant on bail. The applicant as the appellant, has preferred the accompanying appeal against a Judgment and Order dated 10.01.2024 passed by the Court of learned Sessions Judge, Sivasagar in Session Case no. 136 [S-S] of 2016. By the Judgment and Order dated 10.01.2024, the applicant-appellant along with three others has been convicted for the offence under Section 302/34, Indian Penal Code [IPC].
3. Issue notice, returnable in 4 [four] weeks.
4. As Ms. Das, learned counsel assisting Ms. Bhuyan, learned Additional Public Prosecutor has accepted notice on behalf of the opposite party, issuance of formal notice to the opposite party is dispensed with. Ms. Borah, learned counsel for the applicant-appellant shall furnish a copy of the interlocutory application to Ms. Das within 3 [three] working days from today.
5. Learned Additional Public Prosecutor is to file objection on or before the returnable date.
6. List the case after 4 [four] weeks.
JUDGE JUDGE Comparing Assistant