Civil Das vs The State Of Assam And Anr
2021 Latest Caselaw 3097 Gua

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GAHC010195482021




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

                           Case No. : I.A.(Crl.)/512/2021


         CIVIL DAS
         S/O LATE NUMAL DAS
         R/O VILL-MACHARHAT GAON
         P.S.-JORHAT
         DIST-JORHAT
         ASAM


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY THE PUBLIC PROSECUTOR
         ASSAM

         2:MATATI DAS @ MATU DAS
         W/O LATE KAN DAS
          R/O VILL-MACHARHAT GAON
          P.S.-JORHAT
          DIST-JORHAT
         ASSAM
          ------------
         Advocate for : MR. P K MUNIR
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.


                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                     ORDER

24.11.2021 Heard Mr. P.K. Munir, learned counsel for the applicant/appellant as well as Page No.# 2/2

Mr. R.R. Kaushik, 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 20.09.2021, passed in Sessions Case No. 192/2016 by the learned Addl. Sessions Judge, Jorhat and sentenced to undergo R.I. for 7 years and to pay fine of Rs.15,000/- in default, to undergo further imprisonment for 6 months under Section 376 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 20.09.2021, passed in Sessions Case No. 192/2016 by the learned Addl. Sessions Judge, Jorhat, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 191/2021. 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 Addl. Sessions Judge, Jorhat.

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

JUDGE

Comparing Assistant