Bilal Phonglo vs The State Of Assam And Anr
2022 Latest Caselaw 1744 Gua

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GAHC010086392022




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

                         Case No. : I.A.(Crl.)/214/2022



         BILAL PHONGLO
         S/O ROHEN PHONGLO VILLAGE NOTUN SIPLANGDISA PS MAIBANG
         DIST DIMA HASAO
         ASSAM


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY PP ASSAM

         2:BIJOY JOHORI
         S/O LATE SOILENDRO JOHORI RESIDENT OF PWD COLONY
          MAIBANG
          PO MAIBANG
          DIST DIMA HASAO
         ASSAM
          ------------
         Advocate for : MR. J LASKAR
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                          BEFORE
             HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                   ORDER

23.05.2022

This interlocutory application under Section 389 of the Code of Criminal Procedure is preferred by the applicant, namely, Shri Bilal Phonglo, for suspension of sentence pending disposal of the appeal.

Heard Mr. J. Laskar, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent

It is to be mentioned here that the appellant has preferred an appeal, being Criminal Appeal No. 87/2022, against the judgment and order 07.03.2022, passed by the learned Sessions Judge, Dima Hasao, in Sessions Case No. 18/2014. It is also to be noted here that vide impugned judgment and order, the learned Court below has convicted the appellant under Section 304 Part-II of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of 3 (three) years with a fine of Rs. 5,000/- (Rupees five thousand) only with default stipulation.

The said Criminal Appeal, No. 87/2022, has already been admitted for hearing and the record has also been called for from the learned Court below.

Considering the submissions of learned Advocates of both sides and also considering the facts and circumstances on the record, this Court is inclined to Page No.# 3/3

allow this interlocutory application. Accordingly, the applicant is allowed to remain on previous bail till disposal of the appeal, being Criminal Appeal No. 87/2022.

In terms of above, this interlocutory application stands disposed.

JUDGE

Comparing Assistant