Gauhati High Court
Mahendra Chauhan vs The State Of Assam And Anr on 15 November, 2022
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GAHC010161682022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./302/2022
MAHENDRA CHAUHAN
S/O- LATE SITA RAM CHAUHAN, VILL.- NAUJAN BILPATHAR, P.O.
NAUJAN, P.S. SARUPATHAR, DIST. GOLAGHAT, ASSAM, PIN- 785601.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:MISS GEETA DEY
D/O- SRI SANKAR DEY
VILL- PUB BEELPATHER
P.O.- NAUJAN
P.S.- SARUPATHER
DIST- GOLAGHAT
ASSAM
PIN- 78560
Advocate for the Petitioner : MR. I H SAIKIA
Advocate for the Respondent : PP, ASSAM
Linked Case : I.A.(Crl.)/715/2022
MAHENDRA CHAUHAN
S/O- LATE SITA RAM CHAUHAN
VILL.- NAUJAN BILPATHAR
P.O. NAUJAN
P.S. SARUPATHAR
DIST. GOLAGHAT
ASSAM
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PIN- 785601.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM
2:MISS GEETA DEY
D/O- SRI SANKAR DEY
VILL- PUB BEELPATHER
P.O.- NAUJAN
P.S.- SARUPATHER
DIST- GOLAGHAT
ASSAM
PIN- 785601
------------
Advocate for : MR. I H SAIKIA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
15.11.2022.
Heard Mr. IH Saikia, learned counsel for the petitioner/appellant. Also heard Mr.
RJ Baruah, learned Additional Public Prosecutor, Assam, appearing for the State
respondent.
This interlocutory application under Section 389 of the CrPC is preferred by the
applicant, namely, Mahendra Chauhan, for suspension of sentence pending
disposal of the appeal and allowing him to go on bail.
It is to be noted here that the applicant has been convicted by the learned
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Asstt. Sessions Judge, Golaghat in Sessions Case No.96/2018 (69/18), vide
judgment and order dated 16.12.2021.
Mr. Saikia, learned counsel for the applicant submits that the accused is
languishing in the jail hajot since the date of pronouncement of the judgment
for last one year and that, at the time of investigation also, he was behind the
bar and there is no immediate prospect of hearing of the appeal and therefore,
it is contended to allow this petition.
Mr. Saikia also referred one case law of the Hon'ble Supreme Court in the case
of Bhagwan Rama Shinde Gosai and others vs. State of Gujarat, reported in 1999
AIR (SC) 1859, to contend that unless there is statutory restriction, the prayer of
suspension of sentence should be granted.
Having heard the submission of learned counsel for both the parties, I have also
gone through the petition and the documents placed on record.
It is noted here that vide impugned judgment and order dated 16.12.2021, the
learned Court below has convicted the applicant under Sections 448/324/307 of
the IPC and sentenced him to suffer rigorous imprisonment for 1 year under
section 448 of IPC and also to pay a fine of Rs. 1,000/- with default stipulation.
And also sentenced him to under rigorous imprisonment for 2 years and to pay
a fine of Rs. 3,000/- with default stipulation under section 324 of IPC. And
further convicted and sentenced him to suffer rigorous imprisonment for 4 years
and to pay a fine of Rs. 5,000/- with default stipulation under section 307 of
IPC.
Further it appears that the connected Appeal is admitted today and the LCR has
been called for and there is no prospect of hearing the appeal on merit
immediately and the applicant is behind the bar for more than one year.
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Having regards to the above and also having regards to the facts and
circumstances and the materials available in the record, this Court is inclined to
allow this petition.
Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees
twenty thousand) only, with one surety of like amount to the satisfaction of the
learned Asstt. Sessions Judge, Golaghat, the accused shall be enlarged on bail.
In terms of above, this interlocutory application stands disposed.
JUDGE
Comparing Assistant
