Ajay Kumar Das vs The State Of Assam
2022 Latest Caselaw 1774 Gua

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GAHC010095522022




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

                          Case No. : I.A.(Crl.)/222/2022


         AJAY KUMAR DAS
         S/O LATE MAJEN DAS
         R/O VILL-CHOKAPARA PART-1
         P.O.-CHIPUNSILA
         P.S.-BONGAIGAON
         DIST-BONGAIGAON
         ASSAM


          VERSUS

         THE STATE OF ASSAM
         REPRESENTED BY THE PUBLIC PROSECUTOR
         ASSAM

         2:KHALEKUZ ZAMAN
         (HEAD ASSISTANT OF CJM OFFICE
          BONGAIGAON)
          ------------
          Advocate for : MR. S C BISWAS
         Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM
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                          BEFORE
             HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                   ORDER

24.05.2022

This interlocutory application under Section 389 of the Code of Criminal Procedure, 1973, is preferred by the applicant, namely, Ajay Kumar Das, for suspension of sentence pending disposal of the appeal.

Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.

It is to be noted here that the applicant has already preferred one criminal revision petition, being Crl. Rev. P./235/2022, against the judgment and order, dated 11.08.2015, passed by the learned Sub-Divisional Judicial Magistrate, Bongaigaon, in G. R. Case No. 897/2013, whereby, the learned Court below has convicted the petitioner under Section 419 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 1 (one) years and also to pay a fine of Rs. 2,000/- (Rupees two thousand) only, with default stipulation; and also the judgment and order, dated 22.03.2022, passed by the learned Sessions Judge, Bongaigaon, in Criminal Appeal No. 38(3)/2015, upholding the judgment and order of conviction passed by learned Sub-Divisional Judicial Magistrate, Bongaigaon, in G. R. Case No. 897/2013.

The said revision petition, being Crl. Rev. P./235/2022, has already been Page No.# 3/3

admitted and the record has already been called for.

Considering the submissions of learned Advocates of both sides and also considering the facts and circumstances on the record, this Court is inclined to allow this interlocutory application. Accordingly, the applicant is allowed to remain on previous bail till disposal of the revision petition, being being Crl. Rev. P./235/2022.

In terms of above, this interlocutory application stands disposed.

JUDGE

Comparing Assistant