Page No.# 1/4 vs The State Of Assam And Anr
2022 Latest Caselaw 2471 Gua

                                                                 Page No.# 1/4

GAHC010201692021




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

                                Case No. : I.A.(Crl.)/526/2021

            SMT. BIMALA BARMAN AND ANR.
            W/O LT. RABINDRA BARMAN,
            R/O WARD NO. NALBARI, P.S.-UDALGURI,
            DIST- UDALGURI,
            PIN-784509,
            ASSAM

            2: SMT. MIRA DEURI @ DEWRY
            W/O LT KARTHIK DEURY
             R/O SUNDARDIYAPATI
            WARD NO. 5
             P.S.-UDALGURI
             DIST- UDALGURI
             PIN-784509
            ASSA

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            ASSAM

            2:BHUPEN BORAH
             S/O MINA RAM BORAH
             SUB INSPECTOR OF POLICE
             GHAGRAPAR
             P.S.
             DIST- NALBARI
            ASSA

Advocate for the Petitioner   : MR. A BHATTACHARYA

Advocate for the Respondent : PP, ASSAM
                                                   Page No.# 2/4



Linked Case : Crl.A./198/2021

SMTI. BIMALA BARMAN AND ANR.
W/O LT. RABINDRA BARMAN
R/O WARD NO. NALBARI
P.S.-UDALGURI
DIST- UDALGURI
PIN-784509
ASSAM

2: SMT. MIRA DEURI @ DEWRY
W/O LT KARTHIK DEURY
 R/O SUNDARDIYAPATI
WARD NO. 5
 P.S.-UDALGURI
 DIST- UDALGURI
 PIN-784509
ASSAM
VERSUS

THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM

2:BHUPEN BORAH
S/O MINA RAM BORAH
 SUB INSPECTOR OF POLICE
 GHAGRAPAR
 P.S.
 DIST- NALBARI
ASSAM
 ------------
Advocate for : MR. A BHATTACHARYA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                                                             Page No.# 3/4

                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

Date : 25.07.2022 Heard Mr. A. Bhattacharya, learned counsel for the applicants/appellants. Also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor for the State/respondent.

By this interlocutory application, the applicants/appellants have prayed for suspension of the execution of the impugned judgment and orders dated 03.05.2021 and 05.05.2021 passed by the learned Special Judge-cum-District and Sessions Judge, Nalbari in Special NDPS Case No. 02/2008 and to allow them to go on bail.

Mr. Bhattacharya, learned counsel appearing for the applicants/appellants, submits that the applicants/appellants have already been serving out the sentence for one year since the date of the impugned judgment and order. Mr. Bhattacharya further submits that the learned Trial Court has convicted the applicants/appellants without applying its judicial mind to the important and vital points of law and facts, which are stated specifically in the connected Crl. Appeal No. 198/2021.

Opposing the application, Baruah, learned Addl. Public Prosecutor, submits that the impugned judgment and order is well reasoned and, as such, the sentence passed against the applicants/appellants do not deserve to be suspended and the applicants/appellants may not be enlarged on bail pending the appeal which is now ready for hearing.

The applicants/appellants are held guilty under Section 20(b)(ii)(B) of the NDPS Act and sentenced to undergo rigorous imprisonment for 7 years.

Having considered the ground of appeal against the impugned judgment and order and also having heard of both sides, it is prima facie noticed, subject to detail hearing on merit, this Court is of the opinion that there are good grounds for Page No.# 4/4

adjudication. Therefore, the sentence passed against the applicants/appellants pending the connected appeal may be suspended.

Accordingly, the sentence passed in Special NDPS Case No. 02/2008 by the Special Judge-cum-District and Sessions Judge, Nalbari is hereby suspended till disposal of Crl. Appeal No. 198/2021 and till then, the applicants/appellants are directed to be released on bail of Rs. 50,000/- each with one surety of the like amount to the satisfaction of the learned Special Judge (NDPS Act), Nalbari.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant