Jinnat Ali vs The State Of Assam And Anr
2022 Latest Caselaw 536 Gua

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GAHC010097462021




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

                           Case No. : I.A.(Crl.)/400/2021


         JINNAT ALI
         S/O- LATE NABAR UDDIN AKAND
          R/O- VILLAGE SARUHARI
          P.S.- SHORBOG
          DISTRICT- BARPETA
          ASSAM.

          VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY PP
         ASSAM.

         2:SAMED ALI
         S/O- AHEJ AKAND

         R/O- VILLAGE SARUHARI

         P.S.- SHORBOG

         DISTRICT- BARPETA
         ASSAM.
         ------------
         Advocate for : MR. A R SIKDAR
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                     ORDER

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Heard Mr. A.R. Sikdar, learned counsel for the applicant/appellant as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent No. 1.

By this interlocutory application under Section 389 Cr.P.C., the accused/applicant, who is convicted vide the impugned Judgment and Order, dated 14.12.2017, passed by the learned Assistant Sessions Judge, Barpeta in Sessions Case No. 236/2016 and sentenced to undergo S.I. for 1 month u/s 341 of the IPC and to undergo R.I. for 4 years and to pay fine of Rs.5,000/-, in default, to undergo R.I. for another 3 months u/s 325 of the IPC, has prayed for suspension of sentence and to allow him to go on bail.

I have heard the learned counsel for both sides and considered the grounds cited in the connected Criminal Appeal No. 160/2021.

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 14.12.2017, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 160/2021. The applicant/accused is directed to be released on bail of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety of like amount to the satisfaction of the learned Assistant Sessions Judge, Barpeta.

With the above directions, the Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant