Rejek Ali vs The State Of Assam And Anr
2021 Latest Caselaw 2323 Gua

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GAHC010144592021




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

                         Case No. : I.A.(Crl.)/384/2021



         REJEK ALI
         S/O- MD. KASUM ALI
         R/O- VILL.- KAMAR CHUBURI
         P.O. AND P.S. THELAMARA
         DIST.- SONITPUR
         ASSAM


          VERSUS


         THE STATE OF ASSAM AND ANR.
         REP. BY THE P.P.
         ASSAM


         2:MSTT. DILUWARA KHATUN
         W/O- MD. JAINAL ABEDIN @ JAINUL HOQUE
          R/O- VILL.- KAMAR CHUBURI
          P.O. AND P.S. THELAMARA
          DIST. SONITPUR
         ASSAM
          PIN- 784149.
          ------------
         Advocate for : MR S C DAS
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                               BEFORE
                 HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                    ORDER

27.09.2021

Heard Mr. S.C. Das, learned counsel for the applicant/appellant as well as Mr. B.B. Gogoi, 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 23.08.2021, passed in Session Case No. 48/2018 (arising out of G.R. Case No. 3675/2016) by the learned Sessions Judge, Sonitpur, Tezpur and sentenced to undergo S.I. for 6 months u/s 448/323 of the IPC and to undergo R.I. for 3 years and to pay fine of Rs. 500/- for commission of offence u/s 511 read with Section 376 of the IPC, in default, to undergo S.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 impugned judgment and order.

Considering the grounds cited in the petition and on perusal of the impugned Judgment and Order, dated 23.08.2021, passed in Session Case No. 48/2018 (arising out of G.R. Case No. 3675/2016) by the learned Sessions Judge, Sonitpur, Tezpur, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 155/2021. The applicant/appellant is allowed to remain Page No.# 3/3

on previous bail.

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

JUDGE

Comparing Assistant