Manik Chutia vs The State Of Assam And Anr
2021 Latest Caselaw 3132 Gua

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GAHC010125972021




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

                          Case No. : I.A.(Crl.)/516/2021


         MANIK CHUTIA
         S/O SRI PADMA CHUTIA
         R/O VILL-RAIDONGIA GAON
         P.O. AND P.S.-GHILAMARA
         DIST-LAKHIMPUR
         ASSAM
         PIN-7870583


          VERSUS

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

         2:SMTI. RUMI GOHAIN
         W/O SRI BIJOY GOHAIN
          R/O VILL-GHILAMARA TOWN (TINI ALI)
          P.O. AND P.S.-GHILAMARA
          DIST-LAKHIMPUR
         ASSAM
          PIN-7870583
          ------------

Advocate for : MR. P K GOGOI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

Link Case:Crl.A./194/2021 MANIK CHUTIA S/O SRI PADMA CHUTIA, R/O VILL-RAIDONGIA GAON, P.O. AND P.S.- GHILAMARA, DIST-LAKHIMPUR, ASSAM, PIN-7870583 Page No.# 2/3

VERSUS

THE STATE OF ASSAM AND ANR.

(NOTICE THROUGH THE PUBLIC PROSECUTOR, ASSAM)

2:SMTI. RUMI GOHAIN W/O SRI BIJOY GOHAIN R/O VILL-GHILAMARA TOWN (TINI ALI) P.O. AND P.S.-GHILAMARA DIST-LAKHIMPUR ASSAM PIN-787058

Advocate for the Petitioner : MR. P K GOGOI

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE AJIT BORTHAKUR

26.11.2021

Heard Mr. PK Gogoi, learned counsel for the applicant/appellant as well as Mr. KK Parasar, learned Addl. P.P., Assam appearing for the State respondent.

By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant, who is convicted vide the impugned Judgment and Order, dated 20.07.2021, passed in Sessions Case No. 125(NL)/2017 by the learned Sessions Judge, Lakhimpur at North Lakhimpur and sentenced to undergo R.I. for 2 (two) years and to pay fine of Rs. 10,000/- for commission of offence u/s 324 of the IPC, in default, to undergo R.I. for 3 months has prayed for suspension of sentence and to allow him to remain on previous bail.

I have heard the learned counsel for both sides and perused the Page No.# 3/3

impugned judgment and order.

Considering the grounds cited in the petition and on perusal of the impugnedJudgment and Order, dated 20.07.2021, passed in Session Case No. 125(NL)/2017 by the learned Sessions Judge, Lakhimpur at North Lakhimpur it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 516/2021. The applicant/appellant is allowed to remain on previous bail.

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

JUDGE

Comparing Assistant