Page No.# 1/3 vs The State Of Assam
2022 Latest Caselaw 1988 Gua

                                                                Page No.# 1/3

GAHC010105452022




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

                              Case No. : I.A.(Crl.)/251/2022



             SAMARUN NESSA AND ANR
             W/O. LT. FAIZUR RAHMAN


             2: AINUL HOQUE @ AYNUL HOQUE
             S/O. LT. FAIZUR RAHMAN
              BOTH R/O. VILL. SHERPUR P.O. BAROIGRAM
              P.S. PATHERKANDI
              DIST. KARIMGANJ.
             VERSUS

             THE STATE OF ASSAM
             REP. BY PP
             ASSAM.


             ------------
             Advocate for : MR. A AHMED
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM




                           BEFORE
              HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

06.06.2022

This interlocutory application is preferred by the applicants, namely, Page No.# 2/3

Samarun Nessa and Ainul Hoque @ Aynul Hoque, for suspension of sentence pending disposal of the revision petition.

Heard Mr. A. Ahmed, learned counsel for the petitioners. 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 revision petition, being Crl. Rev. P./268/2022, against the judgment and order, 25.07.2018, passed by the learned Chief Judicial Magistrate, Karimganj, in G. R. Case No. 909/2007, whereby, the learned Chief Judicial Magistrate, Karimganj, has convicted the petitioners under Sections 324/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for 3 (three) years and to pay fine of Rs. 10,000/- (Rupees ten thousand) only, with default stipulation; and also against the judgment and order, dated 02.02.2022, passed by the learned Sessions Judge, Karimganj, Assam, in Criminal Appeal No. 42/2018, upholding the judgment and order of conviction, 25.07.2018, passed by the learned Chief Judicial Magistrate, Karimganj, in G. R. Case No. 909/2007.

The said revision petition, being Crl. Rev. P./268/2022, has already been admitted and 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.

Page No.# 3/3

Accordingly, the applicant is allowed to remain on previous bail and the operation of the impugned judgment and order, 25.07.2018, passed by the learned Chief Judicial Magistrate, Karimganj, in G. R. Case No. 909/2007, stands stayed/ suspended till disposal of the revision petition, being Crl. Rev. P./268/2022.

In terms of above, this interlocutory application stands disposed.

JUDGE

Comparing Assistant