Mayan Ali vs The State Of Assam And Another
2021 Latest Caselaw 2941 Gua

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GAHC010179512019




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

                           Case No. : I.A.(Crl.)/464/2021


         MAYAN ALI
         S/O- BAREK ALI
         R/O- TETLIRTAL
         P.S. AND DIST.- BARPETA
         ASSAM.


          VERSUS

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

         2:RACHID KHAN (INFORMANT)
         S/O- LATE JALIL KHAN
          R/O- LURPHURIA
          MOUZA- JANIA
          P.S. AND DIST.- BARPETA
         ASSAM
          PIN- 781301.
          ------------
         Advocate for : MR. U C RABHA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANOTHER


                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                     ORDER

17.11.2021 Heard Mr. S.C. Biswas, learned counsel for the applicant/appellant as well Page No.# 2/2

as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent No. 1.

By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant, who is convicted vide the impugned Judgment and Order, dated 01.06.2019, passed in Sessions Case No. 349/2015 by the learned Sessions Judge, Barpeta and sentenced to undergo R.I. for 7 years and to pay fine of Rs.10,000/-, in default, to suffer R.I. for 3 months u/s 366A of the IPC has prayed for suspension of sentence and to allow him to go on bail.

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 01.06.2019, passed in Sessions Case No. 349/2015 by the learned Sessions Judge, Barpeta, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 358/2019. The applicant/accused is directed to be released on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned Sessions Judge, Barpeta.

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

JUDGE

Comparing Assistant