Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 3076 Gua

                                                             Page No.# 1/3

GAHC010159372022




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

                              Case No: I.A.(Crl.)/443/2022


         KULU HAZARIKA @ KUSHAL AND 5 ORS
         S/O- PURNANDA HAZARIKA
         R/O- VILL.- BHILER NALANI
         P.S. BIHPURIA
         DIST. NORTH LAKHIMPUR
         ASSAM

         2: BLAKU HAZARIKA @ HEMANTA HAZARIKA
         S/O- LATE KUMUD HAZARIKA
          R/O- VILL.- BHILER NALANI
          P.S. BIHPURIA
          DIST. NORTH LAKHIMPUR
         ASSAM

         3: TUTU DAS @ KHIROD
         S/O- SUREN DAS
         R/O- VILL.- BHILER NALANI
         P.S. BIHPURIA
         DIST. NORTH LAKHIMPUR
         ASSAM

         4: RANJAN SARMAH
         S/O- LATE PROBIN SARMAH
         R/O- VILL.- BORIGAON
         P.S. BIHPURIA
         DIST. NORTH LAKHIMPUR
         ASSAM

         5: TRIDIP BARUAH
         S/O- SRI RANJIT BARUAH
         R/O- VILL.- DAKUA DAGOAN
         P..S BIHPURIA
         DIST. NORTH LAKHIMPUR
                                                                      Page No.# 2/3

          ASSAM

          6: DIBYAJYOTI SAIKIA
          S/O- BALIN SAIKIA
          R/O-VILL.- BORACHUK
          P.S. BIHPURIA
          DIST. LAKHIMPUR
          ASSAM
          VERSUS

          THE STATE OF ASSAM AND ANR
          REPRESENTED BY THE PUBLIC PROSECUTOR
          ASSAM

          2:SMTI MINU BORA
          W/O- SRI BABUL BORA
           R/O- VILL.- HISINGOLIA
           P.S. BIHPURIA
           DIST. NORTH LAKHIMPUR
          ASSAM
           ------------
          Advocate for : MR. P HAZARIKA
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                               BEFORE
               HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                   ORDER

Date : 18.08.2022

Heard Mr. P.K. Munir, learned counsel for the applicants. Also heard Mr. Bhaskar Sarma, learned APP for the State.

By this application under section 389 Cr.P.C., the applicants have prayed for staying/suspending the operation of judgment and order dated 01.07.2022 passed by the learned Additional Sessions Judge (FTC), Lakhimpur, North Lakhimpur in Sessions Case No. 15(N.L)/2016.

On consideration that the punishment awarded to the petitioner is for 6 Page No.# 3/3

(six) months, and there is no likelihood for an early hearing, the Court is inclined to allow the applicant to go on bail on furnishing fresh bail bond of Rs.50,000/- with two suitable sureties of like amount to the satisfaction of learned Sessions Judge, Golaghat. Along with the bail bond, the applicant shall submit an undertaking before the Court of learned Sessions Judge, Golaghat to surrender before the said learned Court to suffer the sentence awarded against him in the event the appeal is decided against the applicant.

Subject to compliance of above, this application stands disposed of.

JUDGE

Comparing Assistant