Md. Hazarat Ali @ Hazrat Ali vs The State Of Assam And Anr
2021 Latest Caselaw 711 Gua

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GAHC010032832021




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


                                  I.A.(Crl.)/111/2021
                                  Crl.Rev.P./64/2021


         MD. HAZARAT ALI @ HAZRAT ALI
         S/O LATE JAGAT ALI
         VILL-PUB KALAKUCHI
         P.S.-MUKALMUA
         DIST-NALBARI
         PIN-781269


          VERSUS

         THE STATE OF ASSAM AND ANR
         REPRESENTED BY THE PUBLIC PROSECUTOR
         ASSAM

         2:MD. SIRAJ ALI
         S/O JAMIR ALI
         VILL-PUB KALAKUCHI
          P.S.-MUKALMUA
          DIST-NALBARI
          PIN-781269
          ------------
         Advocate for : MR. A ROSHID
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                            ORDER

26-02-2021 Heard Mr. A. Roshid, learned counsel for the applicant. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor for the State respondent.

By this Interlocutory Application under Section 397/401 read with Section 482 of the Cr.P.C., the petitioner has challenged the legality and correctness of the Judgment and Order dated 27/11/2020 passed by the learned Sessions Judge, Nalbari in Criminal Appeal No. 27/2015 whereby upheld the Judgment dated 31.07.2015 passed by the learned Addl. Chief Judicial Magistrate, Nalbari in G.R. Case No. 845/2010 wherein the accused/applicant has been convicted and sentenced to undergo simple imprisonment for 3 months u/s 323 IPC.

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order dated 27/11/2020 passed by the learned Sessions Judge, Nalbari in Criminal Appeal No. 27/2015, it is provided that the operation of the sentence passed therein shall remain suspended till disposal of the connected Criminal Rev. P. No. 64/2021 and the applicants/appellants are allowed to remain on previous bail.

Accordingly, the Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant