Hemanta Sarma vs The State Of Assam And Anr
2021 Latest Caselaw 2297 Gua

                                                                            Page No.# 1/2

GAHC010145992021




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

           Case : I.A.(Crl.)/364/2021

           HEMANTA SARMA
           S/O KAMAKHYA SARMA
           R/O NALBARI SATRA
           P.O. NALBARI
           P.S. NALBARI
           DIST. NALBARI
           ASSAM
           PIN 781335


           VERSUS

           THE STATE OF ASSAM AND ANR.
           REPRESENTED BY PP
           ASSAM.

           2:DHIRENDRA NATH BARMAN

           SECY. OF THE GOVERNING BODY OF NALBARI LAW COLLEGE
           DIST. NALBARI
           ASSAM.
           ------------
           Advocate for : MR. S C BISWAS
           Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                  BEFORE
                     HONOURABLE MR. JUSTICE SUMAN SHYAM

                                        ORDER

Date : 23-09-2021

Heard Mr. S.C. Biswas, learned counsel for the applicant. Also heard Ms. S. Jahan, Page No.# 2/2

learned Addl. P.P. Assam appearing for the State.

This I.A. has been filed under Section 389 Cr.P.C. praying for suspension of the jail sentence awarded to applicant by the judgment and order dated 18-08-2021 passed by the learned Sessions Judge, Nalbari in connection with Crl. Appeal No. 3/2019.

Mr. Biswas submits that his client is already on bail and considering the fact that the sentence of rigorous imprisonment is for one year, the applicant be allowed to remain on previous bail during the pendency of the revision petition.

Ms. Jahan, learned Addl. P.P. Assam submits that she does not have any instruction to file written objection opposing the prayer made in this I.A.

In view of the above, issue notice to the respondent No. 2/ informant by registered post with A/D, making the same returnable in 04 weeks.

Steps within a week.

As an ad-interim measure, it is provided that the applicant be allowed to remain on previous bail on same terms and conditions, until further order(s).

JUDGE GS

Comparing Assistant