Page No.# 1/3 vs The State Of Assam And Anr
2021 Latest Caselaw 627 Gua

                                                          Page No.# 1/3

GAHC010024742021




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



                                  I.A.(Crl.)/82/2021 in
                                  Crl. A. No. 45/2021

         BASIR UDDIN AND 2 ORS.
         S/O- LATE ARFAAN ALI
         R/O- VILL.- PUBJARANI
         P.O. KOROIGURI
         P.S. MURAJHAR
         DIST.- HOJAI
         ASSAM
         PIN- 782440.

         2: NASIR UDDIN
         S/O- LATE ARFAAN ALI
          R/O- VILL.- PUBJARANI
          P.O. KOROIGURI
          P.S. MURAJHAR
          DIST.- HOJAI
         ASSAM
          PIN- 782440.

         3: SARIF UDDIN
         S/O- LATE FARIZ ALI
         R/O- VILL.- AND P.O. KOROIGURI
         P.S. MURAJHAR
         DIST.- HOJAI
         ASSAM
         PIN- 782440.
         VERSUS

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

         2:MD. SAHAB UDDIN
                                                                                  Page No.# 2/3

         S/O- ABDUL SUBUR
         R/O- VILL.- KOROIGURI
         P.S. MURAJHAR
         DIST.- HOJAI
         ASSAM
         PIN- 782440.
         ------------
         Advocate for : MR F K R AHMED
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

23-02-2021 Heard Mr F.K.R. Ahmed, learned counsel for the applicants/appellants. Also heard Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1.

By this Interlocutory Application under Section 389 Cr.P.C., the applicants/appellants are convicted and sentenced to undergo Rigorous Imprisonment for 1(one) year and to pay fine of Rs. 1,000/-(Rupees One thousand) only each in default Simple Imprisonment for 1(one) month for the offence committed under Section 448 of the IPC and also to undergo Rigorous Imprisonment for 1(one) year and to pay a fine of Rs.1,000/-(Rupees One thousand) only each in default to undergo Simple Imprisonment for 1(one) month for the offence committed under Section 323 of the IPC vide the impugned Judgment and Order, dated 10.12.2020, and Order of quantum of sentence dated 23.12.2020, passed by the learned Additional District & Sessions Judge, FTC, Hojai, in Session's Case No. 164(N)/2015.

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 10.12.2020 and Order on quantum of sentence dated 23.12.2020 passed by the learned Addl. Sessions Judge, FTC, Hojai, in Sessions Case No. 164(N)/2015, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Page No.# 3/3

Criminal Appeal No. 45/2021 and the applicants/appellants are allowed to remain on previous bail.

JUDGE

Comparing Assistant