Gautam Das vs The State Of Assam And Anr
2022 Latest Caselaw 2298 Gua

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GAHC010134262022




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

                                 Case No. : I.A.(Crl.)/330/2022

            GAUTAM DAS
            S/O- PARAFULLAH @ MATOM, R/O- VILL.- NIZ HAZO- MAJORCHOPRA, P.O.
            HAZO, P.S. HAZO, PIN- 781102.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PP, ASAM

            2:SMTI. APARA DAS
            W/O SRI MANOJ DAS
             R/O- NIZ HAZO- MOJORCHOPA
             P.S. HAZO
             DIST. KAMRUP
            ASSAM

Advocate for the Petitioner   : MS. T SOM

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.Rev.P./326/2022

            GAUTAM DAS
            S/O- PARAFULLAH @ MATOM
            R/O- VILL.- NIZ HAZO- MAJORCHOPRA
            P.O. HAZO
            P.S. HAZO
            PIN- 781102.
                                                                  Page No.# 2/3



          VERSUS

          THE STATE OF ASSAM AND ANR
          REPRESENTED BY THE P.P.
          ASSAM

          2:SMTI. APARA DAS
          W/O- SRI MANOJ DAS
           R/O- NIZ HAZO- MOJORCHOPA
           P.S. HAZO
           DIST. KAMRUP
          ASSAM
           ------------
          Advocate for : MS. T SOM
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                                BEFORE
               HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                   ORDER

Date : 30.06.2022.

Heard Ms. T. Som, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Addl.P.P. for the State of Assam.

This is an application u/s 389 Cr.P.C., praying for suspension of sentence and allowing the applicant to remain on previous bail.

The applicant was convicted in Sessions case No. 328/2014 u/s 448/326 of IPC. The judgment of the trial court was upheld in criminal appeal No. 16/2018.

It has been submitted that the appeal is admitted for hearing and therefore, the impugned judgments deserve to be stayed. It is further submitted that the applicant was on bail during the time of trial as well as Page No.# 3/3

the appeal. Therefore, he deserves to be released on previous bail.

Considering the nature of the case, the prayer is allowed.

The judgments passed in Sessions case No. 328/2014 and judgment passed in criminal appeal No. 16/2018 shall remain stayed till disposal of the revision petition.

The applicant Gautam Das is allowed to remain on previous bail till disposal of the revision petition.

The I/A stands disposed of.

JUDGE

Comparing Assistant