Aditya Narayan Byatshosh vs The State Of Assam And Anr
2022 Latest Caselaw 1667 Gua

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GAHC010087612022




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

                          Case No. : I.A.(Crl.)/207/2022



         ADITYA NARAYAN BYATSHOSH
         S/O. D.N. SHARMA
         R/O. GARIGAON
         P.O. BONGAON BABULIPAR
         DIST. GOLAGHAT
         ASSAM
         PIN-785611.


          VERSUS

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

         2:MANARANJAN MANDAL
         S/O. RANGLAL MANDAL
          R/O. SURAJNAGAR
          HOUSE NO.3
          DOLJANPATH KHANAPARA
          GUWAHATI
          DIST. KAMRUP (M)
         ASSAM
          PIN-781022.
          ------------
         Advocate for : MR. S K ROY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                     ORDER

17.05.2022

This Application under Section 389 of the Code of Criminal Procedure is preferred by the applicant, namely, Shri Aditya Narayan Byatshosh, for suspension of sentence and granting bail to the applicant during the pendency of the revision petition.

Heard Mr. K. Rahman, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

It is to be mentioned here that the applicant has already filed one revision petition against the judgment and order, dated 06.04.2022, passed by the learned Sessions Judge, Kamrup Metro, Guwahati, in Criminal Appeal No. 218/2019, whereby, the learned Sessions Judge, Kamrup Metro, Guwahati, has upheld the judgment and order, dated 11.11.2019, passed by the learned Judicial Magistrate First Class, Kamrup Metro, Guwahati, in Cr. Case No. 2436/2017. In the said petition, notice has been issued and the record of the learned Court below has already been called for.

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Considering the submissions of learned Advocates of both sides and also considering the facts and circumstances on the record and also in the interest of justice, the petitioner is allowed to remain on previous bail.

In terms of above, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant