Nitul Baruah vs The State Of Assam And Anr
2022 Latest Caselaw 597 Gua

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GAHC010031312022




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

                               Case No. : Crl.Rev.P./70/2022

            NITUL BARUAH
            S/O LATE HALIRAM BARUAH
            VILL- GOHAINCHUK, P.S. BIHPURIA
            DIST. LAKHIMPUR, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REP. BY THE PP, ASSAM

            2:SRI KANAK DUTTA
             S/O LATE PREM DUTTA
            R/O AMGURIGAON
             P.O. KHURA MORNOI
             P.S. BIHPURIA
            PIN-787054
             DIST.LAKHIMPUR
            ASSA

Advocate for the Petitioner   : MR S GOGOI

Advocate for the Respondent : PP, ASSAM
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                                    :: BEFORE ::
                 HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                        ORDER

21.02.2022

By way of this petition under Section 401 read with Section 482 CrPC, the petitioner has challenged the judgment and order dated 08.11.2021 passed by the learned Addl. Sessions Judge (F.T.C.), Lakhimpur, North Lakhimpur in Sessions Case No.95(N.L) of 2018 whereby he was convicted and sentenced to undergo simple imprisonment for 2 years with fine of Rs.5,000/-, in default, he shall undergo with simple imprisonment for 3 months. Also, the petitioner was sentenced to undergo simple imprisonment for 15 days and a fine of Rs.500/-, in default, imprisonment for 5 days under Section 341 IPC. Both the sentences shall run concurrently.

Heard the learned counsel for the petitioner and also the learned counsel representing the State respondents (respondent no.1).

Petition is admitted for hearing.

Let Notice be issued to the respondent no.2 by registered post with A/D and usual process, returnable by 6(six) weeks. Extra copy of the petition be furnished to respondent no.1.

Steps within three days.

Call for the L.C.R from the learned Sessions Court.

List after the returnable date.

Considering the facts in issue, the operation of the judgment and order Page No.# 3/3

dated 08.11.2021 passed by the learned Addl. Sessions Judge (F.T.C.), Lakhimpur, North Lakhimpur in Sessions Case No.95(N.L) of 2018, is hereby stayed. Also, the accused petitioner is allowed to remain on previous bail till disposal of the revision petition.

JUDGE

Comparing Assistant