Md. Jamir Ali vs The State Of Assam And Anr
2022 Latest Caselaw 2468 Gua

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GAHC010142512022




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

                              Case No. : I.A.(Crl.)/362/2022

         MD. JAMIR ALI
         S/O. KUFAR ALI
         VILL. PAKHURA
         P.O. AMONI
         P.S. BELSOR
         DIST. NALBARI
         ASSAM
         PIN-781306.


          VERSUS

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

         2:MD. SOLEMAN ALI
         S/O. MD. SIDDIQUE ALI
         VILL. PAKHURA (SUKEKUCHI)
          P.O. AMONI
          P.S. BELSOR
          DIST. NALBARI
         ASSAM
          PIN-781306.
          ------------
         Advocate for : MR. A MOBARAQUE
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.




          Linked Case : Crl.Rev.P./373/2022
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           MD. JAMIR ALI
           S/O. KUFAR ALI, VILL. PAKHURA, P.O. AMONI, P.S. BELSOR, DIST.
           NALBARI, ASSAM, PIN-781306.



           VERSUS

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

           2:MD. SOLEMAN ALI
            S/O. MD. SIDDIQUE ALI
           VILL. PAKHURA (SUKEKUCHI)
            P.O. AMONI
            P.S. BELSOR
            DIST. NALBARI
           ASSAM
            PIN-781306

           Advocate for the Petitioner   : MR. A MOBARAQUE

           Advocate for the Respondent : PP, ASSAM



                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 25.07.2022

This interlocutory application is preferred by the applicant, namely, Md. Jamir Ali, under Section 389(2) of the Code of Criminal Procedure, 1973 for suspension of sentence pending disposal of the revision petition and grant of bail to him.

Heard Mr. A. Mobaraque, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

It is to be noted here that the applicant has already preferred one criminal Page No.# 3/3

revision petition, being Crl. Rev. P./373/2022, against the judgment and order dated 27.02.2018, whereby, the learned Judicial Magistrate, First Class, Nalbari has convicted the applicant under Sections 447/325, IPC and sentenced him to suffer imprisonment for 1 (one) month under Section 447, IPC and also sentenced him to suffer imprisonment for 1 (one) year and to fine of Rs. 2,000/- (Rupees Two Thousand) only, with default stipulation, under Section 325, IPC and also the judgment and order dated 05.07.2022 passed by the learned Sessions Judge, Nalbari in Criminal Appeal No. 03/2018, whereby, the learned Sessions Judge, Nalbari has upheld the aforementioned judgment and order of the learned Judicial Magistrate, First Class, Nalbari.

In the said revision petition, being Crl.Rev.P./373/2022, the record has already been called for.

Considering the submissions of learned Advocates of both sides and also considering the facts and circumstances on the record and the grounds taken in the revision petition, this Court is inclined to allow this interlocutory application. Accordingly, the applicant is allowed to remain on previous bail and operation of the judgment and order passed in Criminal Appeal No. 03/2018 by the learned Sessions Judge, Nalbari and the impugned judgment and order dated 27.02.2018, passed by the learned Judicial Magistrate, First Class, Nalbari in G.R. Case No. 913/2016 stands stayed/suspended till disposal of the revision petition, being Crl.Rev.P./373/2022.

In terms of above, this interlocutory application stands disposed.

JUDGE Comparing Assistant