Polly Gurung vs Lalima Kalita And Anr
2022 Latest Caselaw 2544 Gua

                                                                  Page No.# 1/4

GAHC010144512022




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

                                 Case No. : I.A.(Crl.)/374/2022

            POLLY GURUNG
            W/O LATE SANJIB TAMULY
            O/O GENERAL MANAGER (MCTE)
            BSNL, EASTERN TELECOM REGION ADMINISTRATIVE BRANCH 7TH
            FLOOR,
            PANBAZAR, GUWAHATI-01,
            DIST. KAMRUP (M), ASSAM



            VERSUS

            LALIMA KALITA AND ANR.
            W/O LATE BHAGIRATH KALITA, VILL- BONDA, GHULIGAON, GUWAHATI-
            26, DIST- KAMRUP(M), ASSAM

            2:THE STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSA

Advocate for the Petitioner   : MR K BHUYAN

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.Rev.P./264/2022

            PULLY GURUNG
            W/O LATE SANJIT TAMULY
            O/O GENERAL MANAGER (MCTE)
            BSNL
                                                                       Page No.# 2/4

             EASTERN TELECOM REGION ADMINISTRATIVE BRANCH 7TH FLOOR

             PANBAZAR
              GUWAHATI

             DIST. KAMRUP (M)
             ASSAM


             VERSUS

             LILIMA KALITA AND ANR.
             W/O LATE BHAGIRATH KALITA
             VILL- BONDA
             GHULIGAON
             GUWAHATI-26

             DIST. KAMRUP (M)
             ASSAM

             2:THE STATE OF ASSAM

             REP. BY THE PP
             ASSAM
             ------------
             Advocate for : MR K BHUYAN
             Advocate for : PP
             ASSAM appearing for LILIMA KALITA AND ANR.




                           BEFORE
              HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                     ORDER

28.07.2022

Heard Mr. K. Bhuyan, learned counsel for the applicant. Also heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the State respondent.

This application, under Section 389 of the Code of Criminal Procedure, is Page No.# 3/4

preferred by the applicant, namely, Polly Gurung @ Pully Gurung, for suspension of sentence, dated 17.12.2019, passed by the learned SDJM, Kamrup(M), in C.R. Case No. 2976/2017, under Section 138 of the N.I. Act and for allowing her to remain on previous bail.

Mr. K. Bhuyan, learned counsel for the applicant, submits that the connected criminal revision petition, being Crl. Rev. P./264/2022, has already been admitted by this Court, vide Order dated 06.06.2022, and the record has already been called for from the learned Court below and if the impugned judgment and order has not been suspended by this Court, the applicant has been facing trouble and therefore, it is contended to stay the operation of the impugned judgment and order, dated 17.12.2019, till disposal of the revision petition.

Having heard the submission of learned counsel for the applicant, I have carefully gone through the petition and the documents placed on record and also perused the record of Criminal Revision Petition No. 264/2022.

It appears that vide order dated 06.06.2022, the connected revision petition has already been admitted for hearing and the record has already been called for.

Having considered above, this Court is inclined to allow this interlocutory application. Accordingly, the applicant is allowed to remain on previous bail and Page No.# 4/4

the operation of the impugned judgment and order, dated 17.12.2019, passed by the learned SDJM, Kamrup(M), in C.R. Case No. 2976/2017, under Section 138 of the N.I. Act, stands stayed/suspended till disposal of the revision petition, being Crl. Rev. P./264/2022; however, subject to the depositing 20% of the compensation amount before the Registry of this Court within a period of 1 (one) week from today.

In terms of above, this interlocutory application stands disposed.

JUDGE

Comparing Assistant