Swarpat Ali Bhuyan vs The State Of Assam
2021 Latest Caselaw 1662 Gua

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GAHC010059642021




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

                              Case No. : I.A.(Crl.)/223/2021


         SWARPAT ALI BHUYAN
         R/O VILL NO. 2 BASHBARI
         PS MANIKPUR
         DIST. BONGAIGAON
         ASSAM


          VERSUS

         THE STATE OF ASSAM
         TO BE REP. THROUGH PP
         ASSAM


         Advocate for the Petitioner     : MR. S C BISWAS

         Advocate for the Respondent : PP, ASSAM




          Linked Case : Crl.A./99/2021

         SWARPAT ALI BHUYAN
         R/O VILL NO. 2 BASHBARI, PS MANIKPUR, DIST. BONGAIGAON, ASSAM



         VERSUS

         THE STATE OF ASSAM
         TO BE REP. THROUGH PP ASSAM

         ------------
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          Advocate for : MR. S C BISWAS
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM




                                BEFORE
                  HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                    ORDER

15.07.2021

Heard Mr. S.C. Biswas, learned counsel for the applicant/appellant as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.

By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant, who is convicted u/s 363 of the IPC and sentenced to undergo R.I. for 4 years and to pay fine of Rs.2000/- in default to undergo simple imprisonment for 1 month vide the impugned Judgment and Order, dated 10.03.2021, passed in Sessions Case No. 35(M)/2018 by the learned Sessions Judge, Bongaigaon has prayed for suspension of sentence and to allow him to go on bail.

I have perused the impugned Judgment and Order, dated 10.03.2021, passed in Sessions Case No. 35(M)/2018 by the learned Sessions Judge, Bongaigaon and considered the grounds cited in the application along with the documents annexed thereto.

It is seen that the accused appellant has been convicted u/s 363 of the IPC and he has undergone 127 days in jail custody.

In view of the facts proved in the case subject to final hearing in the connected Criminal Appeal No. 99/2021 and further consideration of the Page No.# 3/3

current Covid-19 pandemic, this Court is of the opinion that further continuation of detention of the applicant/appellant pending the appeal is not necessary.

Accordingly, it is provided that the operation of the sentence passed vide the impugned Judgment and Order, dated 10.03.2021, in Sessions Case No. 35(M)/2018 by the learned Sessions Judge, Bongaigaon shall remain suspended till disposal of the Criminal Appeal No. 99/2021. The applicant/appellant is directed to be released on bail of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety of like amount to the satisfaction of the learned Sessions Judge, Bongaigaon.

With the above direction, the Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant