Bikash Das vs The State Of Assam And Anr
2022 Latest Caselaw 1286 Gua

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GAHC010218752021




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

                                 Case No. : I.A.(Crl.)/571/2021

            BIKASH DAS
            S/O- LATE MAHADEV DAS, R/O- VILL. NO. 1JALUKBARI, P.O. AND P.S.
            TANGLA, DIST.- UDALGURI, ASSAM, PIN- 784521.



            VERSUS

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

            2:MONAMATI HAZARIKA
            W/O- NARAYAN HAZARIKA
             R/O- NO.2 SIMALUGURI
             P.O. SIMALUGURI
             P.S. BIHPURIA
             DIST.- LAKHIMPUR
            ASSAM
             PIN- 785686

Advocate for the Petitioner   : MR R ISLAM

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./218/2021

            BIKASH DAS
            S/O- LATE MAHADEV DAS
            R/O- VILL. NO. 1JALUKBARI
            P.O. AND P.S. TANGLA
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            DIST.- UDALGURI
            ASSAM
            PIN- 784521.


            VERSUS

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

            2:MONAMATI HAZARIKA
            W/O- NARAYAN HAZARIKA
             R/O- NO.2 SIMALUGURI
             P.O. SIMALUGURI
             P.S. BIHPURIA
             DIST.- LAKHIMPUR
            ASSAM
             PIN- 785686.
             ------------
            Advocate for : MR R ISLAM
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                  BEFORE
                     HONOURABLE MR. JUSTICE SUMAN SHYAM
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 18-04-2022 Suman Shyam, J

Heard Mr. R. Islam, learned counsel for the applicant. We have also heard Ms. B. Bhuyan, learned Addl. P.P. Assam appearing on behalf of the State.

This I.A. has been filed under Section 389(1) Cr.P.C. with a prayer to suspend the jail sentence of the applicant and to allow him to go on bail.

The applicant has challenged the judgment and order dated 27-09-2021 passed by the learned Sessions Judge, Udalguri in Sessions Case No. 126/2014 convicting him under Section 302 IPC for committing murder of his wife and sentenced him to undergo rigorous Page No.# 3/3

imprisonment for life and also to pay fine.

After hearing the preliminary argument advanced by the learned counsel for both sides, we are of the view that since the bulk of the arguments advanced by the applicant's counsel touches upon the merit of the case, the paper book would be of immense assistance for this Court to appreciate such argument.

Since the LCR has already been received and with the consent of the learned counsel for both sides, we adjourn this matter for 08 weeks so as to enable the Registry to prepare the paper book.

Let this case be listed again after 08 weeks with appropriate note.

The I.A. will be considered at an appropriate stage.

                          JUDGE                      JUDGE
GS


Comparing Assistant