Sisir Bhatta vs The State Of Assam And Anr
2021 Latest Caselaw 588 Gua

                                                                                     Page No.# 1/2

GAHC010010502021




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

                                 Case No. : Crl.A./24/2021

             SISIR BHATTA
             S/O- LATE DEBEN BHATTACHARYEE, R/O- H/NO. 51, S.C. GOSWAMI ROAD,
             PANBAZAR, GUWAHATI UNDER PANBAZAR POLICE STATION IN THE
             DISTRICT OF KAMRUP(M), ASSAM, PIN- 781001.

             VERSUS

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

             2:CHANDU YADAV
              S/O- LATE BHOLA NATH YADAV
              R/O- K.C. SEN ROAD
              PALTANBAZAR
              GUWAHATI UNDER PALTANBAZAR POLICE STATION IN THE DISTRICT OF
             KAMRUP(METRO)
             ASSAM
              PIN- 781008

Advocate for the Petitioner   : MR Z KAMAR

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 19-02-2021

This is an appeal under Section 27 of the Prevention of Corruption Act, 1988 read with Section 374 of the Code of Criminal Procedure, 1973, against the judgment and order dated 5.1.2021 passed by the learned Special Judge, Assam, Guwahati, in Special Case No.02/2018 Page No.# 2/2

convicting the appellant under Section 7/13(2) of the Prevention of Corruption Act, 1988 and sentencing him to undergo rigorous imprisonment for 3(three) years and to pay a fine of Rs.7,000/- only, in default rigorous imprisonment for 1(one) month under Section 7 of the Prevention of Corruption Act, 1988 and to undergo rigorous imprisonment for 4(four) years and to pay a fine of Rs.10,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 2(two) months under Section 13(2) of the Prevention of Corruption Act, 1988. Both the sentences were directed to run concurrently.

Heard Mr. Z. Kamar, learned senior counsel, assisted by Mr. M.I. Neog, learned counsel for the appellant. Also heard Mr. N. K. Kalita, learned Additional Public Prosecutor, Assam, appearing on behalf of the State Respondent No.1.

Mr. Kamar, learned senior counsel has submitted that he be permitted to struck-off the name of Respondent No.2 from the cause title in view of the decision of the Division Bench of this Court in Criminal Appeal No.205 of 2018 dated 27.1.2021 holding, inter alia, that in an appeal, arraying the informant as respondent is no more obligatory.

Prayer allowed.

The appeal is admitted for hearing.

Call for the LCR.

Since an interlocutory application is pending seeking bail of the appellant, LCR be called for expeditiously.

Bring this order to the notice of the Registrar (Judicial) of this Court, who shall take appropriate steps for collecting the record on or before the date fixed.

List this matter on 5.3.2021.

JUDGE

Comparing Assistant