Jitendra Kr Das vs The State Of Assam And 2 Ors
2022 Latest Caselaw 560 Gua

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GAHC010026542022




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




          I.A.(Crl.)/65/2022

         JITENDRA KR DAS
         S/O. LT. DINBA NATH DAS
          R/O. WARD NO.2
          WEST JAMUNA ROAD
          SIVASAGAR TOWN
          P.O. AND P.S. SIVASAGAR
          DIST. SIVASAGAR
          ASSAM.


          VERSUS

         THE STATE OF ASSAM AND 2 ORS.
         REP. BY PP
         ASSAM.

         2:PRADIP BORDOLOI

         R/O. MALACHAKAR
         NEAR MALACHAKAR NAMGHAR
         WARD NO.10
         P.O. AND P.S. SIVASAGAR
         PIN-785640
         ASSAM.
         3:SMT. MONMI BORDOLOI
         D/O. SRI PRADIP BORDOLOI
         R/O. MALACHAKAR
         NEAR MALACHAKAR NAMGHAR
         WARD NO.10
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             P.O. AND P.S. SIVASAGAR
             PIN-785640
             ASSAM.
             ------------
             Advocate for : MR G SAHEWALLA
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.



                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                            ORDER

Date : --17.02.2022

This application under Section 397 read with Section 389 of the Code of Criminal Procedure is preferred by the petitioner Shri Jitendra Kr. Das for suspension of sentence and for grant of bail.

It is to be mentioned here that the petitioner was convicted and sentenced by learned Additional Chief Judicial Magistrate vide Judgment & Order dated 11.01.2018 in G.R. Case No. 1184/2015 under Section 323 IPC and sentenced him to undergo S.I. for a period of 6 months and also to pay a fine of Rs. 1,000/- in default stipulation.

It is also to be noted here that vide Judgment & Order dated 21.01.2022, the learned Additional Sessions Judge, Sivasagar in Criminal Appeal No. 05(1) of 2018 affirmed the aforesaid Judgment & Order of the learned Additional Chief Judicial Magistrate, Sivasagar.

Heard Mr. G.N. Sahewalla, learned Senior Counsel appearing for the petitioner. Also heard Ms. S. Jahan, learned Addl. P.P. for the State respondent No. 1. Also I have carefully gone through the petition and the documents placed on record and the impugned judgments of the learned court below.

The connected appeal is already admitted for hearing. Considering the facts and circumstances on the record and also considering the submissions of learned Advocates of both the parties, the petition is allowed. He is allowed to remain on previous bail and the sentence stands suspended.

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In terms of above, this IA stands disposed of.

JUDGE

Comparing Assistant