Suparna Charaborty vs Simanta Patowary And Anr
2022 Latest Caselaw 5109 Gua

                                                                      Page No.# 1/3

GAHC010261802022




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

                                 Case No. : Crl.Rev.P./597/2022

            SUPARNA CHARABORTY
            D/O LATE JOGENDRA CH. CHAKRABORTY
            R/O SUSHIL REKHA NIVASH, HOUSE NO. 55, BYE LANE -7, NEAR H.P.
            PETROL PUMP.
            C/O SUSHIL KUMAR KALITA, 2ND FLOOR, P.O. DHIRENPARA, P.S.
            FATASHIL AMBARI, GUWAHATI-25, DIST. KAMRUP (M), ASSAM



            VERSUS

            SIMANTA PATOWARY AND ANR
            SON OF KHANINDRA PATOWARY
            R/O SUNDARIDIA, PACHIMHATI
            MOUZA- BARPETA, P.S. AND DIST. BARPETA, ASSAM

            2:THE STATE OF ASSAM
             REP. BY THE PP
            ASSA

Advocate for the Petitioner   : MR S P DAS

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/818/2022

            SUPARNA CHARABORTY
            D/O LATE JOGENDRA CH. CHAKRABORTY
            R/O SUSHIL REKHA NIVASH
            HOUSE NO. 55
                                                                      Page No.# 2/3

            BYE LANE -7
            NEAR H.P. PETROL PUMP.
            C/O SUSHIL KUMAR KALITA
            2ND FLOOR
            P.O. DHIRENPARA
            P.S. FATASHIL AMBARI
            GUWAHATI-25
            DIST. KAMRUP (M)
            ASSAM


            VERSUS

            SIMANTA PATOWARY AND ANR
            SON OF KHANINDRA PATOWARY R/O SUNDARIDIA
            PACHIMHATI MOUZA- BARPETA
            P.S. AND DIST. BARPETA
            ASSAM

            2:THE STATE OF ASSAM
            REP. BY THE PP
            ASSAM
             ------------
            Advocate for : MR S P DAS
            Advocate for : PP
            ASSAM appearing for SIMANTA PATOWARY AND ANR



                                 BEFORE
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                      ORDER

Date : --21.12.2022.

Heard Mr. S.P. Das, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State of Assam.

This is an Application under section 389 of the Cr.P.C. 1973 for suspension the impugned judgment and order dated 09.12.2022, passed by the learned Sessions Judge Barpeta in Criminal Appeal No. 33/2022, upholding the order dated 22.09.2022, passed by the learned S.D.J.M(S) Barpeta, Assam, in N.I.

Page No.# 3/3

Case No. 73/2022.

It is reveal from the judgment passed by the learned Trial Court i.e S.D.J.M. (S) Barpeta, the bail bond of the convicted petitioner is still under force for a period of six (6) months as per provision of section 379(A) Cr.P.C. Issue notice to respondent No. 1 by registered post with A/D as well as by other usual process returnable within 7(seven) days.

No formal notice is required to be served upon the respondent no.2 as the learned APP has already entered appearance on behalf of respondent No2. However, extra copy of memo of appeal be furnished to learned APP during the course of the day.

Call for the LCR.

List the matter 06.01.2023.

JUDGE

Comparing Assistant