Page No.# 1/3 vs The State Of Assam And Anr
2021 Latest Caselaw 1053 Gua

                                                         Page No.# 1/3

GAHC010251072019




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


                                 I.A.(Crl.)/869/2019

         SRI NIPUMONI DEKA @ NIPU DEKA AND 2 ORS
         S/O- SRI KUHURAM DEKA
         R/O- PATHORIGHAT
         NO. 1 SENGAPARA
         P.S. SIPAJHAR
         DIST.- DARRANG
         ASSAM.

         2: SRI SUNIL KR. NATH @ KANDARPA NATH
         S/O- LATE NAKUL CH. NATH
          R/O- SALOIPARA
          P.S. MANGALDAI
          DIST.- DARRANG
         ASSAM.

         3: SRI PINKU KR. NATH @ PINKU NATH
         S/O- LATE NAKUL CH. NATH
         R/O- SALOIPARA
         P.S. MANGALDAI
         DIST.- DARRANG
         ASSAM.
         VERSUS

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

         2:SMT. PANCHAMI RAHI DAS
         W/O- GAJEN RAHI DAS
          R/O- CHAPAI
          MANGALDAI
          P.S. MANGALDAI
          DIST.- DARRANG
                                                                                  Page No.# 2/3

            ASSAM
            PIN- 784125.
            ------------
            Advocate for : MR. B K MAHAJAN
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR




                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 18.03.2021

Heard Mr. N Mahajan, learned counsel for the applicants/appellants and Ms. A Begum, learned Addl.Public Prosecutor for the State opposite party No.1.

By this application under Section 389(3) CrPC, the applicants/appellants have prayed for allowing them to go on bail and also for suspension of the operation of the sentence vide Judgment and Order, dated 27.08.2019 passed by the learned Special Judge, Mangaldai in Sessions Case No.170(DM)/2013 wherein the applicants/appellants have been convicted and sentenced to undergo RI for 10 years each with fine of Rs.15,000/- i/d SI for 6 months and further RI for 6 months under Sections 304 ( Part-II)/323/34 of the IPC.

On hearing the learned counsel for both sides and perusal of the documents annexed with the application, this Court is satisfied with the grounds as cited in the application.

In view of above, it is provided that the operation of the sentence vide the aforesaid Judgment and order shall remained suspended and each of the applicants/ appellants are directed to be released on bail on furnishing bail bond of Rs.20,000/- with one surety of like amount to the satisfaction of the learned Sessions Judge, Mangaldoi till disposal of the connected criminal appeal.

The interlocutory application stands disposed of.

JUDGE Page No.# 3/3

Comparing Assistant