Gauranga Sarkar vs The State Of Assam And Anr
2022 Latest Caselaw 2955 Gua

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GAHC010160932022




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

                                 Case No. : I.A.(Crl.)/434/2022

            GAURANGA SARKAR
            SON OF SRI JIBAN SARKAR,
            R/O SUBHAPALLY, WARD NO. 3,
            KOKRAJHAR TOWN,
            P.S. KOKRAJHAR, DIST. KOKRAJHAR, BTAD, ASSAM.

            VERSUS

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

            2:POMPEE BASUMATARY
             D/O SRI SANTOSH BASUMATARY R/O MOUZA BANGANSHALI
            WARD NO.7
             P.O. AND P.S. KOKRAJHAR
             BTAD
             PIN-78337

Advocate for the Petitioner   : MR. A LAL

Advocate for the Respondent : PP, ASSAM

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 12-08-2022

Heard Mr. A. Lal, learned counsel for the applicant and Mr. K.K. Das, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

2. This interlocutory application has been filed seeking stay/suspension of the Page No. 2/2

operation of the sentence passed by a judgment and order dated 25.07.2022 passed by the learned Sessions Judge, Kokrajhar ['the appellate court', for short] in Criminal Appeal no. 07/2020.

3. The applicant has preferred the connected criminal revision petition under Sections 397 r/w Section 401 and Section 482, Code of Criminal Procedure, 1973 [CrPC] against a judgment and order dated 25.07.2022 passed by the learned Sessions Judge, Kokrajhar ['the appellate court', for short] in Criminal Appeal no. 07/2020, whereby, the learned appellate court has upheld a judgment and order dated 20.02.2020 passed by the learned Chief Judicial Magistrate, Kokrajhar ['the trial court', for short] in G.R. Case no. 1094/2017 arising out of P.R.C. Case no. 158/2019. By the judgment and order dated 20.02.2020, the learned trial court had convicted the applicant under Section 354A[1][i] and Section 354D[1][i], Indian Penal Code [IPC] and the applicant has been sentenced to undergo rigorous imprisonment for a term of 1 year on each count. Additionally, the applicant has been directed to pay a fine of Rs. 1,000/- on each count, in default of payment, to undergo simple imprisonment for another 3 months. The sentences are directed to run concurrently with the provision to set- off.

3. Having considered the fact that after grant of bail, the applicant had remained on bail, during the course of the trial and the appeal, the applicant has made out a case of suspension of the execution of the sentence passed by the learneds court below. Accordingly, it is ordered that the sentence passed by the judgment and order dated 25.07.2022 passed by the learned Sessions Judge, Kokrajhar in Criminal Appeal no. 07/2020 shall remain suspended till the disposal of the connected Criminal Revision Petition no. 410/2022 and the applicant is allowed to remain on previous bail.

JUDGE

Comparing Assistant