Khitish Mahanta vs The State Of Assam
2022 Latest Caselaw 581 Gua

                                                                     Page No.# 1/3

GAHC010008392022




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

                            Case No. : I.A.(Crl.)/42/2022



          KHITISH MAHANTA
          RESIDENT OF VILLAGE RANGEHALI
          SONARY
          PS BEHALI
          DIST SONITPUR
          ASSAM
          784166


           VERSUS

          THE STATE OF ASSAM
          REPRESENTED BY PP ASSAM


          ------------
          Advocate for : MR. R GOSWAMI
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM



                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

18.02.2022

Heard Mr. R. Goswami, learned counsel for the applicant/appellant as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent.

Page No.# 2/3

By this interlocutory application, the applicant/appellant, who was convicted and sentenced vide the impugned Judgment and Order, dated 21.05.2019, passed in G.R. Case No. 800/2012 by the learned J.M.F.C., Biswanath Chariali, which was affirmed by the Judgment and Order, dated 10.03.2021, passed by the learned Addl. Sessions Judge, Biswanath Chariali in Criminal Appeal No. 4(S-2) of 2019, has prayed for suspension of sentence and to allow him to remain on previous bail.

It is seen that by the impugned Judgment and Order, dated 21.05.2019, passed in G.R. Case No. 800/2012 by the learned J.M.F.C., Biswanath Chariali, the accused applicant has been convicted and sentenced to undergo S.I. for 4 months and to pay fine of Rs.1,000/-, in default to undergo S.I. for 1 month under Section 323 of the IPC. It is further seen that the learned Addl. Sessions Judge, Biswanath Chariali, vide the impugned Judgment and Order, dated 10.03.2021, passed in Criminal Appeal No. 4(S-2) of 2019, upheld the aforesaid impugned judgment and order, dated 21.05.2019 partly allowing the appeal and sentencing the accused applicant to undergo S.I. for 3 months and to pay fine of Rs.1,000/-, in default to undergo S.I. for 1 month u/s 323 of the IPC.

I have heard the learned counsel for both sides and considered the grounds cited in the connected appeal.

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 21.05.2019, passed in G.R. Case No. 800/2012 by the learned J.M.F.C., Biswanath Chariali as well as the Judgment and Order, dated 10.03.2021, passed by the learned Addl. Sessions Judge, Biswanath Chariali in Criminal Appeal No. 4(S-2) of 2019, it is provided that the operation of the sentence passed therein shall remain stayed till disposal Page No.# 3/3

of the connected Criminal Appeal No. 17/2022. The applicant/accused is allowed to remain on the previous bail.

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

JUDGE

Comparing Assistant