Md. Aynal Haque vs The State Of Assam And Anr
2021 Latest Caselaw 2035 Gua

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GAHC010130422021




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

                              Case No. : Crl.Rev.P./184/2021

            MD. AYNAL HAQUE
            S/O MAKSAD ALI
            R/O KABAITARI PART- NO. 4,
            P.S. JAGIGOPHA
            DIST. BONGAIGAON, ASSAM
            PIN-783388
            PH. NO. 7575940860



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:SRI SADHAN BARTA DAS
             R/O HOUSE NO. 41

            PIYALI PHUKAN ROAD
            ULUBARI
            GUWAHATI-78107
            DIST. KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. M U MAHMUD

Advocate for the Respondent : PP, ASSAM
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                                    :: BEFORE ::
                 HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                     ORDER

01.09.2021

By way of this petition under Section 379/401 r/w Section 482 CrPC, the petitioner has sought for stay of the impugned judgment dated 27.07.2021, passed by the learned Addl. Sessions Judge, FTC No.3, Kamrup (M) in Criminal Appeal No.164/2019, upholding the judgment dated 21.08.2019, passed in GR Case No.2021/2015 by the learned Addl. Chief Judicial Magistrate, Kamrup(M) convicting the petitioner under Section 380 IPC and sentenced him a fine of Rs.1000/- and S.I. for 3 (three) months, in default of payment of fine, another S.I. for 10 (ten) days. Further it is prayed that till the disposal of the appeal, he be allowed to remain on previous bail.

Heard the learned counsel for the petitioner as well as the learned Addl. Public Prosecutor appearing for the State.

Let Notice be issued to the respondent no.2 by registered post with A/D and usual process, returnable by 4(four) weeks and furnish copy to respondent no.1.

Call for the LCR.

The petitioner is allowed to remain on previous bail till disposal of the petition.

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List after the returnable date.

JUDGE

Comparing Assistant