Ranjan Singh @ Ranjan Singha vs The State Of Assam And Anr
2021 Latest Caselaw 1921 Gua

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GAHC010058902021




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

                                 Case No. : I.A.(Crl.)/191/2021

            RANJAN SINGH @ RANJAN SINGHA
            S/O- KHIROD SINGHA, VILL.- NO. 2 KAWLI, P.O. KAWLI, P.S. TAMULPUR,
            DIST.- BAKSA, PIN- 781360, ASSAM.

            VERSUS

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

            2:FOREST DEPARTMENT
            ASSA

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : ADDL PP,ASSAM(R-1)

             Linked Case : Crl.A./90/2021

            RANJAN SINGH @ RANJAN SINGHA
            S/O- KHIROD SINGHA
            VILL.- NO. 2 KAWLI
            P.O. KAWLI
            P.S. TAMULPUR
            DIST.- BAKSA
            PIN- 781360
            ASSAM.

             VERSUS

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

            2:FOREST DEPARTMENT
                                                                           Page No.# 2/3

          ASSAM
          ------------
          Advocate for : MR. R GOSWAMI
          Advocate for : ADDL PP
          ASSAM(R-1) appearing for THE STATE OF ASSAM AND ANR.



                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

Date : 20.08.2021

Heard Mr. R. Goswami, learned counsel for the applicant/appellant. Also heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor for the State/respondent.

By this interlocutory application, the applicant/appellant, who is convicted vide impugned judgment and order dated 03.03.2021, passed by the learned Sessions Judge, Baksa, in SPL. WL(P) Case No. 10/2018, has prayed for grant of bail.

Mr. Goswami, learned counsel appearing for the applicant/appellant, submits that the applicant has been serving out the sentence for more than 5 months since the date of the impugned judgment and order. Mr. Goswami further submits that the learned Trial Court has convicted the applicant without applying its judicial mind to the important and vital points of law and facts, which are stated specifically in the connected Crl. Appeal No. 90/2021.

Opposing the application, Mr. B. B. Gogoi, learned Addl. Public Prosecutor, submits that the impugned judgment and order is well Page No.# 3/3

reasoned and, as such, the sentence passed against the applicant does not deserve to be suspended and the applicant/appellant may not be enlarged on bail pending the appeal which is now ready for hearing.

Having considered the ground of appeal against the impugned judgment and order and also having heard of both sides, it is prima facie noticed, subject to detail hearing on merit, this Court is of the opinion that there are good grounds for adjudication. Therefore, the sentence passed against the applicant/appellant pending the connected appeal may be suspended.

Accordingly, the sentence passed in SPL. WL(P) Case No. 10/2018 passed by the learned Sessions Judge, Baksa is hereby suspended till disposal of Crl. Appeal No. 90/2021 and till then, the applicant/appellant is directed to be released on bail of Rs. 20,000/- with one surety of the like amount to the satisfaction of the learned Sessions Judge, Baksa.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant