Swarpat Ali Bhuyan vs The State Of Assam
2021 Latest Caselaw 1618 Gua

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GAHC010059642021




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

                                    Case No. : 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

Advocate for the Petitioner   : MR. S C BISWAS

Advocate for the Respondent : PP, ASSAM

             Linked Case : 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 : MR. S C BISWAS
            Advocate for : PP, ASSAM appearing for THE STATE OF ASSAM
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                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                             ORDER

Date : 24.06.2021

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19 pandemic.

Heard Mr. S.C. Biswas, learned Counsel for the accused-appellant and Mr. T.K. Misra, learned Additional Public Prosecutor for the respondent State of Assam.

This appeal under Section 374(2) of the Code of Criminal Procedure (CrPC), 1973 has been preferred against the judgment and order dated 10.03.2021 passed by the learned Sessions Judge, Bongaigaon in Sessions Case no. 35(M)/2018 whereby the accused-petitioner has been convicted under Section 363, Indian Penal Code (IPC) and has been sentenced to undergo rigorous imprisonment for 4 (four) years and to pay a fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for 1 (one) month.

Let the appeal be admitted for hearing.

As Mr. T.K. Misra, learned Additional Public Prosecutor has appeared for the respondent State of Assam, no formal notice be issued to the respondent State of Assam.

The learned counsel for the accused-appellant shall, however, serve an extra copy of the memo of appeal to Mr. Misra within 7 (seven) days from today.

Call for the LCR.

List the case on 15.07.2021.

The prayer for suspension of sentence and release of the accused-appellant on bail will be considered on the returnable date.

JUDGE

Comparing Assistant