Gauhati High Court
Mastakin Ali vs The State Of Assam And Anr on 23 May, 2022
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GAHC010088672020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./81/2022
MASTAKIN ALI
S/O. IDRISH ALI, R/O. KONERIA, BISHNUNAGAR, P.S. AND DIST.
KARIMGANJ, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P., ASSAM
2:ABDUL ROUF
S/O. LATE BASIR ALI
R/O. KUJAB
P.O. MANIKGANJ
P.S. AND DIST. KARIMGANJ
ASSAM
PIN- 78312
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
Linked Case : I.A.(Crl.)/424/2020
MASTAKIN ALI
S/O IDRISH ALI
R/O KONERIA BISHNUNAGAR
P.S. AND DIST. KARIMGANJ
ASSAM
Page No.# 2/3
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PP
ASSAM
2:ABDUL ROUF
S/O LT. BASIR ALI
R/O KUJAB P.O. MANIKGANJ
P.S. AND DIST. KARIMGANJ
ASSAM PIN-783126
------------
Advocate for : MR. S C BISWAS
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 23.05.2022
This application under Sections 397/401 Cr.P.C., is directed against the
judgment and order dated 19.03.2019, passed by the learned Chief Judicial
Magistrate, Karimganj in G.R. Case No. 1939/2015, wherein, the learned Court
below has convicted the petitioner and sentenced him to pay a fine of Rs.1000/-
in default to undergo Simple Imprisonment for 30 (thirty) days under Section
279, and also convicted him under Section 304(A) IPC and Simple Imprisonment
for 6 (six) months and also to pay a fine of Rs. 1000/- in default Simple
Imprisonment for 3 (three) months and further, convicted under Section 338 IPC
and sentenced to suffer Simple Imprisonment for 1 (one) month also to pay a
fine of Rs. 1000/- in default Simple Imprisonment for another 1(one) month and
also, against the judgment and order dated 13.09.2019, passed by the learned
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Sessions Judge, Karimganj in Criminal Appeal No. 08(02) of 2019, whereby, the
learned Sessions Judge has dismissed the Criminal Appeal, filed by the
petitioner and upheld the judgment dated 19.03.2019, passed by the learned
Chief Judicial Magistrate, Karimganj.
Heard Ms. A. Borah, learned counsel for the petitioner and also heard Mr. P.
Borthakur, learned Additional P.P. for the State respondent No.1.
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.
Since, Mr. P. Borthakur, learned Additional P.P. entered appearance and
accepted notice 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 him during the course of the day.
Let the record of the learned Court below be call for.
Ms. Borah, learned counsel for the petitioner, submits that she will file
Interlocutory application for allowing the petitioner to remain on bail.
Considering the facts and circumstances on the record, liberty is granted to
the petitioner to file Interlocutory application for granting bail.
List the matter after 4(four) weeks.
JUDGE
Comparing Assistant
