Karuna Talukdar @ Haloi vs The State Of Assam And Anr
2021 Latest Caselaw 3607 Gua

                                                                Page No.# 1/3

GAHC010209342021




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

                         Case No. : I.A.(Crl.)/557/2021



          KARUNA TALUKDAR @ HALOI
          S/O- LATE SATYA TALUKDAR
          R/O- VILL.- LAURAPARA
          KAITHALKUCHI UNDER BELSOR POLICE STATION IN THE DISTRICT OF
          NALBARI
          ASSAM


          VERSUS

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

          2:DHANMONI HALOI
          S/O- LATE MAHESH HALOI
           R/O- VILL.- LAURAPARA
           KAITHALKUCHI UNDER BELSOR POLICE STATION IN THE DISTRICT OF
          NALBARI
          ASSAM
           ------------
          Advocate for : MR MINTU SAIKIA
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                                                                  Page No.# 2/3


                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
                   HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                              ORDER

Date : 23.12.2021 (A.M. Bujor Barua, J)

Heard Mr. M Saikia, learned counsel for the applicant. Also heard Ms. S Jahan, learned Additional Public Prosecutor for the State.

2. The applicant Karuna Talukdar @ Haloi who is also convicted as per the judgment dated 04.10.2021 in Sessions Case No. 62/2012 of the learned Sessions Judge, Nalbari under Sections 147/447/323/302/149 of the Indian Penal Code has instituted this interlocutory application for suspension of the sentence imposed upon him by the aforesaid judgment for imprisonment of life under Section 302/149 of the Indian Penal Code along with other sentences to be read concurrently for the other offences and for fine of Rs.20,000/- (Rupees Twenty Thousand) in default thereof to undergo simple imprisonment of another six months.

3. We have taken note that the conviction was, amongst others, under Section 302/149 of the Indian Penal Code.

4. Perusal of the materials on record does not prima facie indicate the involvement of the applicant through a direct evidence in causing death to the deceased Mahesh Haloi but the applicant is convicted for the reason of having been found to be a member of an unlawful assembly with the common object to cause death of the deceased which had resulted in the offence under Section 302 of the Indian Penal Code.

5. A perusal of the judgment impugned prima facie also does not indicate as to under what manner the present applicant is found to be included in an offence under Section 149 of the Indian Penal Code.

6. For the aforesaid reasons, we suspend the sentence imposed on the applicant Karuna Talukdar @ Haloi as per the judgment dated dated 04.10.2021 in Sessions Case No. 62/2012 of the learned Sessions Judge, Nalbari under Sections 147/447/302/149 of the Indian Penal Code.

Page No.# 3/3

7. During the pendency of the appeal, the applicant Karuna Talukdar @ Haloi be released on bail on a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a surety of like amount to the satisfaction of learned Sessions Judge, Nalbari.

8. I.A. stands allowed as indicated above.

                                                  JUDGE             JUDGE




Comparing Assistant