Page No.# 1/4 vs The State Of Assam
2021 Latest Caselaw 2342 Gua

                                                                          Page No.# 1/4

GAHC010150852021




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

                                   Case No. : Crl.A./152/2021

            BOLORAM NAMODAS AND ANR.
            S/O- LATE SRIKANTA NAMODAS, R/O- VILL.- PHULKUMARI, P.O.
            SILKHAGURI, P.S. BIJNI, DIST.- CHIRANG (BTR), ASSAM, PIN- 783390.

            2: KANAI NAMODAS
             S/O- LATE SRIKANTA NAMODAS
             R/O- VILL.- PHULKUMARI
             P.O. SILKHAGURI
             P.S. BIJNI
             DIST.- CHIRANG (BTR)
            ASSAM
             PIN- 783390

            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : MR A A DEWAN

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/380/2021

            BOLORAM NAMODAS AND ANR.
            S/O- LATE SRIKANTA NAMODAS
            R/O- VILL.- PHULKUMARI
            P.O. SILKHAGURI
                                                                      Page No.# 2/4

         P.S. BIJNI
         DIST.- CHIRANG (BTR)
         ASSAM
         PIN- 783390.

         2: KANAI NAMODAS
         S/O- LATE SRIKANTA NAMODAS
          R/O- VILL.- PHULKUMARI
          P.O. SILKHAGURI
          P.S. BIJNI
          DIST.- CHIRANG (BTR)
         ASSAM
          PIN- 783390.
         VERSUS

         THE STATE OF ASSAM
         REP. BY THE PUBLIC PROSECUTOR
         ASSAM


         ------------
         Advocate for : MR A A DEWAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM




                              BEFORE
                HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                  ORDER

28.09.2021 Hearing held through remote video conference.

Heard Mr. A.A. Dewan, learned counsel for the applicants/appellants as well as Mr. B.B. Gogoi, learned Addl. P.P. Assam appearing for the State respondent.

Page No.# 3/4

By this interlocutory application under Section 389 Cr.P.C., the applicants/appellants, who are convicted vide the impugned Judgement and Order, dated 26.08.2021 passed by the learned Additional Sessions Judge, Bijni, Chirang, in Sessions case No. 148B/2018 pertaining to Bijni P.S. case No. 300/2112 under Sections 120B/304/326/34 of the IPC, whereby the appellants/applicants were held guilty for the offence punishable under Section 304 Part II/323 IPC and they were sentenced to 2(two) years and to pay fine of Rs. 20,000/- (Twenty Thousand) each and in default to undergo simple imprisonment for another one month under Section 304 Part II IPC, and also further sentence to undergo simple imprisonment for another 2(two) months for committing an offence under Section 323, 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 judgement and order.

Considering the grounds cited in the petition and on perusal of the impugned Judgment and Order, dated 26.08.2021, passed by the learned Additional Sessions Judge, Bijni, Chirang in Sessions case No. 148B/2018 pertaining to Bijni P.S. case No. 300/2112 under Sections 120B/304/326/34 of the IPC, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 152/2021.

Page No.# 4/4

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

JUDGE

Comparing Assistant