Dhananjoy Ray @ Dhano Ray vs The State Of Assam And Anr
2022 Latest Caselaw 576 Gua

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GAHC010227122021




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

                              Case No. : Crl.A./26/2022

          DHANANJOY RAY @ DHANO RAY
          S/O LATE NAGENDRA NATH RAY
          RESIDENT OF VILLAGE DEBOTTAR HASDAHA PART 2, PS AND DIST
          DHUBRI, ASSAM.

          VERSUS

          THE STATE OF ASSAM AND ANR.
          REPRESENTED BY PP ASSAM

          2:SRI NILKANTA RAY
           S/O LATE KHAGENDRA NATH RAY
          RESIDENT OF VILLAGE DEBOTTAR HASDAHA PART 2
           PS AND DIST DHUBRI
          ASSAM

Advocate for the Petitioner : MR S BORTHAKUR
Advocate for the Respondent : PP, ASSAM

                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

18.02.2022

Heard Mr. S. Borthakur, learned counsel for the appellant as well as Mr. D.Das, learned Additional Public Prosecutor, Gauhati High Court appearing for the State/respondent No.1.

This appeal has been preferred under Section 389 of the Cr.P.C.

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praying for suspension/stay of operation of the judgment and order dated 16.07.2021 passed by the learned Sessions Judge, Dhubri in Sessions Case No. 11/2019 corresponding to PRC No.750/2018 (GR No. 4997/2017) and Dhubri PS Case No. 1437/2017 convicting and sentencing the appellant namely, Sri Dhananjoy Roy @ Dhano Ray to suffer R.I. for 7 (seven) years and to pay fine of Rs.50,000/- ( Rupees Fifty Thousand only), in default of payment of fine, R.I. for 1(one) year under Section 326 IPC and also to suffer R.I. for 5 (five) years and to pay fine of rs.25,000/- (Rupees Twenty Five Thousand only), in default of payment of fine, R.I. for 1(one) year under Section 457 IPC, both sentences shall run concurrently and further allow the petitioner/appellant to be released on bail.

The appeal is admitted.

As Mr. D. Das, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent, a copy of the memo of appeal along with the documents annexed thereto be furnished to her during the course of the day.

Issue notice to the respondent No.2 by registered A/D post.

Call for the LCR.

List the matter on receipt of the LCR.

I.A. will be considered after receipt of the LCR.

JUDGE

Comparing Assistant