Page No.# 1/2 vs The State Of Assam And Anr
2021 Latest Caselaw 856 Gua

                                                           Page No.# 1/2

GAHC010034782021




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

                          Case No. : I.A.(Crl.)/135/2021


         SALIM UDDIN @ SELIM UDDIN AND ANR.
         S/O- SURUJ ALI
         R/O- PABIJURI
         P.O. BURUNGA TALI BAZAR
         P.S. MURAJHAR
         DIST.- HOJAI
         ASSAM
         PIN- 782445.

         2: MD. NAZIM UDDIN @ NAJIM UDDIN
         S/O- RAHMAN ALI
          R/O- GHANIYARPAR
          P.O. AMBARI
          P.S. MURAJHAR
          DIST.- HOJAI
         ASSAM
          PIN- 782445.
         VERSUS

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

         2:MD. JALAL UDDIN
         S/O- LATE HUSON ALI
          R/O- PABIJURI
          P.S. MURAJHAR
          DIST.- HOJAI
         ASSAM
          PIN- 782445.
          ------------
         Advocate for : MR H R A CHOUDHURY
         Advocate for : PP
                                                                                  Page No.# 2/2

            ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                          ORDER

Date : 08-03-2021

This interlocutory application has been preferred praying for stay of the judgment and orders, dated 02.01.2021/02.02.2021 and 03.02.2021, passed by the learned Additional District & Sessions Judge, Hojai in Sessions Case No. 96/2017, convicting the accused-appellant under Sections 395/397 of the IPC and under Section 25(1)(a) of the Arms Act and sentencing him to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 10,000/- for the offence under Section 395 of the IPC and in default of payment of fine, simple imprisonment for 2 (two) months, rigorous imprisonment for 10 (ten) years and to pay a fine of Rs. 20,000/- under Section 397 of the IPC and in default of payment of fine, to suffer simple imprisonment for 3 (three) months, rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 10,000/- under Section 25(1)

(a) of the Arms Act and in default of payment of fine, to suffer simple imprisonment for 2 (two) months. The substantive sentences were ordered to run concurrently.

Heard Mr. IU Chowdhury, learned counsel for the applicant.

Mr. RJ Baruah, learned Additional Public Prosecutor has submitted that the State would

like to file an objection after examination of the LCR. Therefore, list the matter on 19th April, 2021.

JUDGE

Comparing Assistant