Resident Of Village Magani ... vs The State Of Assam
2022 Latest Caselaw 4947 Gua

                                                                 Page No.# 1/3

GAHC010168702022




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

         I.A.(Crl.)/484/2022

         ASHINI PATIRI .
         S/O SRI MALIDHAR PATIRI

         RESIDENT OF VILLAGE MAGANI HATIBANDHA
         PS AND PO GOHPUR
         DIST BISWANATH
         ASSAM
         784168


          VERSUS

         THE STATE OF ASSAM .
         REPRESENTED BY PP
         ASSAM


         ------------
         Advocate for : MR D K MEDHI
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM .



                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                   ORDER

14-12-2022

This interlocutory application under Section 389 of the Cr.P.C. is filed for suspension of sentence and grant of bail to the applicant/appellant, namely, Page No.# 2/3

Ashini Patiri, who has been convicted by the judgment and order dated 20-07- 2022, passed by the learned Sessions Judge, Biswanath, in Sessions Case No. 264 of 2014, and sentenced to suffer simple imprisonment for 5 years and to pay a fine of Rs.5,000/- with default stipulation for the offence punishable under Section 25(1A) of the Arms Act.

I have perused the application and the annexures furnish thereto. I have also heard Mr. D.K. Medhi, learned counsel representing the applicant/appellant and Mr. P.S. Lahkar, learned Additional Public Prosecutor representing the respondent.

It is submitted by the learned counsel for the applicant/appellant that the accused-appellant was convicted under the Arms Act, but nothing has been recovered from the possession of the applicant-appellant, as such there is every possibility of acquittal of the applicant-appellant in the case, yet the learned counsel for the applicant/appellant has drawn the attention of this Court to the seizure list, wherein two persons were present at the time of seizure of the revolver out of which one Basil Kalko was examined as PW2. I have gone through the evidence of PW2, Basil Kalko and PW4, Sri Kumud Buragohain. According to PW2, on the date of incident around 6/7 O' clock, the accused went to his shop-Dhaba and talked to him. After a while police visited there and caught the accused from the inner cabin. The police told that they had found a pistol from the possession of the accused. The PW4 also deposed in the same line stating that in the evening of the date of incident, the accused went to Kharoli Dhaba where he was also present. The informant arrived there. The accused was taken to a cabin and after sometime, the police came out and told that a revolver was recovered from the possession of the accused-appellant.

Page No.# 3/3

Mr. Lahkar, learned Additional Public Prosecutor raises no objection to the prayer of the applicant-appellant releasing him on bail during pendency of the appeal. Considering the above, the applicant-appellant is granted bail. Accordingly, the accused-appellant, namely, Ashini Patiri, shall be released on bail in connection with Sessions Case No. 264 of 2014 on furnishing a bail bond of Rs.30,000/- with two suitable sureties each of the like amount, to the satisfaction of learned Sessions Judge, Biswanath on conditions to be imposed by the learned Court below.

The impugned judgment and order is also stayed until disposal of the connected appeal.

This interlocutory application stands disposed of accordingly. The connected appeal be listed in due course.

JUDGE

Comparing Assistant