Nurul Haque vs Pranjum Kalita
2022 Latest Caselaw 5110 Gua

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GAHC010261742022




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

                                 Case No. : Crl.Rev.P./599/2022

            NURUL HAQUE
            S/O LATE SAMIRUDDIN HAQUE,
            R/O RANGAJAN, SARABHATI,
            DIST.- LAKHIMPUR,ASSAM.



            VERSUS

            PRANJUM KALITA
            S/O TATANI CHARAN KALITA,
            R/O HOUSE NO. 3, BYE LANE 15, SONAI GHULI, SAWKUCHI,
            P.S.- DISPUR,
            DIST.- KAMRUP (M), ASSAM, PIN- 781034.



Advocate for the Petitioner   : MR. A AHMED

Advocate for the Respondent :




             Linked Case : I.A.(Crl.)/820/2022

            NURUL HAQUE
            S/O LATE SAMIRUDDIN HAQUE
            R/O RANGAJAN
            SARABHATI
            DIST.- LAKHIMPUR
            ASSAM.
                                                                         Page No.# 2/3


           VERSUS

          PRANJUM KALITA
          S/O TATANI CHARAN KALITA
          R/O HOUSE NO. 3
          BYE LANE 15
          SONAI GHULI
          SAWKUCHI
          P.S.- DISPUR
          DIST.- KAMRUP (M)
          ASSAM
          PIN- 781034.


          ------------
          Advocate for : MR. A AHMED
          Advocate for : appearing for PRANJUM KALITA



                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                      ORDER

Date : --21.12.2022.

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

This Interlocutory Application has been filed under section 397(1) of the Cr.P.C. 1973 for suspension of sentence and allow the petitioner to remain on previous bail pending disposal of the revision petition before this Hon'ble Court. From the record, it reveals that vide impugned judgment and order dated 21.12.2020, passed by the learned C.J.M. Kamrup (M), Guwahati in C.R. Case No. 1702/2016, whereby the appellant was convicted under section 138 of N.I. Act, 1881 and sentenced to undergo SI for 1 year and to pay fine of Rs.5,00,000/-(Rupees five lakhs) and in default of payment to undergo S.I. for Page No.# 3/3

4 months. Again in Criminal Appeal No. 7/2021, the learned Additional Sessions Judge No. 2, Kamrup (M), vide judgment and order dated 02.11.2022, modified the sentence and the appellant was sentenced to undergo S.I. for 3 months and also to pay fine of Rs. 5,00,000/-(Five Lakh), in default of payment of fine another 15 days of S.I.

It is further submitted that he was all along bail during the trial as well as during the appeal before the learned Additional Sessions Judge, Kamrup (M) and accordingly, the petitioner prays for to remain on previous bail and also pray to stay the operation of the impugned judgment and order dated 02.11.2022, passed by the learned Additional Sessions Judge No. 2 Kamrup (M) in Criminal Appeal No. 7/2021, whereby the judgment and order dated 21.12.2020, passed by the learned Chief Judicial Magistrate, Kamrup(M) Guwahati in C.R. Case No. 1702/2016 was upheld and modified.

Prayer is allowed.

Accordingly, the petitioner is allowed to remain on previous bail till disposal of the Crl. Revision Petition No. 599/2022 and the further operation of the judgment and order passed in the Criminal Appeal No. 7/2021, passed by the learned Additional Sessions Judge No. 2, Kamrup (M), dated 02.11.2022, be stayed till disposal of the present revision petition. Interlocutory application stands disposed of.

JUDGE

Comparing Assistant