Gauhati High Court
Dipen Pegu vs The State Of Assam And Anr on 23 August, 2022
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GAHC010142632022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./143/2022
DIPEN PEGU
S/O SRI LITA PEGU
RESIDENT OF BALIJAN, PS GOHPUR, DIST BISWANATH, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP ASSAM
2:SRI BITUPAN CHUTIA
S/O LATE BOGAI CHUTIA
RESIDENT OF KUMAR GAON
PS KUMARGAON
DIST GOLAGHAT
ASSA
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
Linked Case : I.A.(Crl.)/364/2022
DIPEN PEGU
S/O SRI LITA PEGU RESIDENT OF BALIJAN
PS GOHPUR
DIST BISWANATH
ASSAM
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VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP ASSAM
2:SRI BITUPAN CHUTIA
S/O LATE BOGAI CHUTIA
RESIDENT OF KUMAR GAON
PS KUMARGAON
DIST GOLAGHAT
ASSAM
------------
Advocate for : MR. S C BISWAS
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 23.08.2022
Heard Mr. SC Biswas, learned counsel for the applicant/ appellant as well as Ms.
SH Borah, learned Addl. P.P., Assam for the State Opposite party No.1.
By this interlocutory application filed under Section 389/397 of the CrPC, the applicant
has prayed for suspension of the sentence vide the impugned Judgment and Order dated
31.05.2022 passed by the learned Sessions Judge, Golaghat in Sessions Case No.
72/2020 under Section 25 (1-A) of the Arms Act whereby he has been convicted and
sentenced to undergo RI for 5 years with fine of Rs.2000/- and in default to undergo RI
for one month and also to allow him to go on bail.
The prosecution case in brief is that the informant received an information that 2/3
poachers equipped with sophisticated weapons were moving in the river line area of
Lohore Chapori under Kamargaon Police Station to sneak into Kaziranga National Park
for rhino poaching.
Mr. SC Biswas, learned counsel for the applicant /appellant, submits that the applicant
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has been in jail custody for total 146 days including the period as under trial prisoner.
Mr. Biswas submits that the evidence on record reveal many vital contradictions which
are reflected in the memo of appeal and as the appeal may likely to take a longer period
for disposal as per case arrangement, the sentence may be suspended pending the appeal
and he may be allowed to go on bail till then.
Ms. SH Borah, learned Additional Public Prosecutor opposed the application as the case
record is yet to be received.
It is noticed that the applicant has filed certified copies of evidence recorded in the case
and the impugned judgment and order.
On scrutiny of the evidence on record vis-à-vis the grounds of appeal noted in the appeal
memo as well as the quantum of punishment imposed on the applicant/ appellant, this
Court finds that there are sufficient grounds for adjudication.
Therefore, the sentence vide the impugned Judgment and Order dated 31.05.2022 passed
by the learned Sessions Judge, Golaghat in Sessions Case No. 72/2020 is hereby
suspended pending the appeal and the applicant/ appellant namely, Dipen Pegu is
allowed to go on bail of Rs. 50,000/- (Fifty Thousand) with 2(two) sureties of like
amount to the satisfaction of the learned Sessions Judge, Golaghat subject to the
following condition:
i) That out of the two bailors, one must be a government servant subject
to verification of the relevant documents, if deemed necessary and after
such verification, the learned Court below shall return the original
documents retaining legible scanned copy thereof on record for future
reference.
The interlocutory application stands disposed of.
JUDGE
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Comparing Assistant
