Joseph Ahmed vs The State Of Assam And Anr
2022 Latest Caselaw 1704 Gua

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GAHC010092942022




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

                                Case No. : Crl.Rev.P./227/2022

            JOSEPH AHMED
            S/O FARAJ ALI, VILL-GERGERIA, P.O.-PUB REHABARI, P.S.-
            PATACHARKUCHI, DIST-BAJALI, ASSAM, PIN-871329



            VERSUS

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

            2:MISS DIBYA BEGUM
            W/O JOSEPH AHMED
             D/O MD. SIRAJ ALI
            VILL-NIZ SALDAH (KAWOIMARI)
             P.O.-BANGAON
             P.S.-SARTHEBARI
             DIST-BARPETA
            ASSAM
             PIN-78132

Advocate for the Petitioner   : MR. H GOSWAMI

Advocate for the Respondent : PP, ASSAM
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                                BEFORE
                   HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                     ORDER

Date : 20.05.2022

Heard Mr. U. K. Das, learned counsel for the petitioner and also heard Mr. D. Das, learned Additional PP for the State respondent no.1.

This revision petition is directed against the judgment and order dated 15.03.2022, passed by the learned Additional Sessions Judge, Bajali, Pathsala in criminal appeal No. 04/2021, wherein, the learned Court below had upheld the judgment and order dated 08.02.2021, passed by the learned SDJM, Bajali in G.R. Case No. 19/2015. It is to be noted here that vide impugned judgment and order, dated 08.02.2021, the learned SDJM, Bajali had convicted the petitioner- Joseph Ahmed under Section 323 IPC and sentenced him to suffer Simple Imprisonment for a period of 3(three) months and also to pay a fine of Rs. 500/-(five hundred) with default stipulation.

Let notice be issued returnable in 4(four) weeks.

Steps to be taken by registered post with A/D as well as by usual process within a week from today.

Call for the scanned copy of the record from the learned Court below.

Since, Mr. Das, learned Additional PP had entered appearance on behalf of the State respondent no.1, no formal notice is required to be issued. However, requisite extra copy of the petition be furnished to Mr. Das during the course of the day.

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Mr. U. K. Das, learned counsel for the petitioner has also prayed for staying the operation of the impugned judgment and order dated 08.02.2021 and 15.03.2022, for allowing the petitioner to remain on previous bail.

Mr. D. Das, learned Additional PP has not opposed the prayer being made by the learned counsel for the petitioner.

Considering the submissions of learned advocate of both sides and also considering the facts and circumstances on the record, operation of the impugned judgment and order stands stayed and the petitioner is allowed to remain on previous bail.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant