Mridul Baruah vs The State Of Assam And Anr
2022 Latest Caselaw 645 Gua

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GAHC010029752022




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

                                 Case No. : Crl.Rev.P./63/2022

             MRIDUL BARUAH
             S/O SRI NAVA KUMAR BARUAH
             R/O UJALPUR
             P.S. NORTH LAKHIMPUR
             DIST. LAKHIMPUR, ASSAM

             VERSUS

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

             2:MD. IQBAL HUSSAIN
              S/O LT. BOSIRUDDIN AHMED
             R/O VILL- NAKARI
             WARD NO. 2

             NORTH LAKHIMPUR
              PIN-787001
             P.S. LAKHIMPUR
             DIST. LAKHIMPU

Advocate for the Petitioner   : MS. S G BARUAH

Advocate for the Respondent : PP, ASSAM



                                          BEFORE
               HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                ORDER

23.02.2022 By way of filing this application under Sections 397, read with Section 401 CrPC, Page No.# 2/2

the petitioner has challenged the impugned Judgment and Order dated 12.11.2021, passed by the learned Additional Sessions Judge (FTC), Lakhimpur, North Lakhimpur, in Criminal Appeal No. 41 (4)/2019, under Sections 279 and 304 (A) IPC, whereby the learned appellate Court has upheld the judgment and order dated 19.09.2019, passed by the learned CJM, Lakhimpur, North Lakhimpur, in GR Case No. 2475/2015, under Sections 279 and 304 (A) of IPC, and sentencing him to suffer Rigorous Imprisonment for 6 months and to pay a find of Rs. 1,000/-, in default to suffer Simple Imprisonment for 1 (one) month, for committing the offence punishable under Section 279 IPC and also to undergo RI for a period of 1 year and also to pay a fine of Rs. 10,000/- and in default to suffer RI for 3 months for committing the offence punishable under Section 304(A) IPC.

Heard the learned counsel for the petitioner and also the learned Additional Public Prosecutor for the State respondent.

The revision is admitted for hearing.

Issue notice to the private respondent No. 2, by registered post with A/D as well as by usual process, returnable by 6 (six) weeks.

Let the LCRs from both the forums, be called for.

Considering the nature of accusations and sentence, the accused petitioner is allowed to remain on previous bail in connection with the aforesaid GR Case, till disposal of the revision and the execution of the aforesaid impugned sentence is also hereby stayed.

JUDGE

Comparing Assistant