Md. Rubul Ali @ Tiken Ali vs The State Of Assam And Anr
2022 Latest Caselaw 240 Gua

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GAHC010190272021




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




          I.A.(Crl.)/23/2022

         MD. RUBUL ALI @ TIKEN ALI
         S/O. MD. HAKIM ALI
         VILL. THUTIKATA
         DEKA BARUAHBHUUI
         MOUZA- KHETRI DHARMAPUR
         P.S. BELSOR
         DIST. NALBARI
         ASSAM.


          VERSUS

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

         2:DWIPEN KR. DAS
         S/O. SRI HARMOHAN DAS
         VILL. THUTIKATA
          DEKA BARUAHBHUI
          MOUZA- KHETRI DHARMAPUR
          P.S. BELSOR
          DIST. NALBARI
         ASSAM.
          ------------
         Advocate for : MR B HAQUE
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
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                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                             ORDER

Date : --25.01.2022

This Interlocutory Application is filed by Md. Rubul Ali @ Tiken Ali under Section 389 Cr.P.C. for suspension of sentence.

It is to be mentioned here that the applicant has preferred one appeal against the Judgment & Order dated 01.07.2020 passed by the learned Sessions Judge, Nalbari in Criminal Appeal No. 24/2015 upholding the order of conviction passed by the learned Trial Court wherein he has been sentenced to undergo rigorous imprisonment for 2 years with fine of Rs. 1,000/- under Section 457 IPC and rigorous imprisonment for 3 months and to pay a fine of Rs. 500/- under Section 380/511 IPC.

Heard Mr. N. Barman, learned counsel for the applicant. Also heard Ms. S. Jahan, learned Addl. P.P. for the State of Assam.

The revision petition has already been admitted.

In view of above and also in view of the submission made by learned Advocates of both sides and also considering the facts and circumstances on the records and also in the interest of justice the prayer stands allowed. Sentence imposed by the learned Court below upon the applicant under Sections 457/380/511 IPC stands suspended.

This I.A. stands disposed of accordingly.

JUDGE

Comparing Assistant