Gobinda Bora @ Sri Gobinda Kr. Bora vs The State Of Assam And Anr
2021 Latest Caselaw 1457 Gua

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GAHC010071812021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : I.A.(Crl.)/232/2021

            GOBINDA BORA @ SRI GOBINDA KR. BORA
            S/O- LATE KANAK BORA, R/O- VILL.- HENGERAJHAR, P.S. MANGALDAI,
            DIST.- DARRANG, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REP. BY THE P.P., ASSAM.

            2:IBRAHIM ALI
             S/O- LATE SUKUR ALI
            VILL.- CHAMUAPARA
             P.S. MANGALDAI
             DIST.- DARRANG
            ASSA

Advocate for the Petitioner   : MR C GOSWAMI

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./101/2021

            GOBINDA BORA @ SRI GOBINDA KR. BORA
            S/O- LATE KANAK BORA
            R/O- VILL.- HENGERAJHAR
            P.S. MANGALDAI
            DIST.- DARRANG
            ASSAM.
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             VERSUS

             THE STATE OF ASSAM AND ANR.
             TO BE REP. BY THE P.P.
             ASSAM.

             2:IBRAHIM ALI
             S/O- LATE SUKUR ALI
             VILL.- CHAMUAPARA
              P.S. MANGALDAI
              DIST.- DARRANG
             ASSAM
              ------------
             Advocate for : MR C GOSWAMI
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                           ORDER

19.04.2021

Heard Mr. C. Goswami, learned counsel for the applicant/appellant. Also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent No. 1.

By this interlocutory application under Section 389 (2) Cr.P.C., the applicant/appellant, who is convicted and sentenced vide the impugned Judgment and Order, dated 15.03.2021, passed by the learned Addl. Sessions Judge, Darrang, Mangaldai in Sessions Case No. 17(DM)/2017, whereby the accused person has been sentenced to undergo R.I. for 2 (two) months with fine of Rs. 4,000/-, in default of payment of fine, to undergo S.I. for 15 days u/s 324 of the IPC and to pay a fine of Rs.500/- only for the offence under Section 342 of the IPC in default of payment of fine, to undergo S.I for 1 day, has prayed for suspension of sentence and to allow him to go on bail.

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 15.03.2021, passed by the learned Addl. Sessions Judge, Darrang, Page No.# 3/3

Mangaldai in Sessions Case No. 17(DM)/2017, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 101/2021. The applicant/accused is allowed to remain on previous bail.

With the above directions, the Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant