Mohan Kumar vs The State Of Assam And Anr
2022 Latest Caselaw 4511 Gua

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GAHC010212592022




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

                            Case No. : I.A.(Crl.)/708/2022



         MOHAN KUMAR
         S/O LATE PHUKAN KUMAR
         VILL.- LAKHIPUR
         P.O.- DEBCHARA
         P.S.- BARBARI
         DIST.- BAKSA
         ASSAM.


          VERSUS



         THE STATE OF ASSAM AND ANR.
         REP. BY P.P.
         ASSAM.

         2:HALADHAR KUMAR
         S/O LATE KAHIRAM KUMAR

         VILL.- LAKHIPUR

         P.O.- NIZ BANGALIPARA

         P.S.- BARAMA

         DIST.- BAKSA
         BTR
         ASSAM.
         ------------


          Advocate for : MR. S C BISWAS
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         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                  BEFORE
                     HONOURABLE MR. JUSTICE SUMAN SHYAM
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                           ORDER

16.11.2022 (Suman Shyam, J)

Heard Mr. S. C. Biswas, learned counsel appearing for the applicant. Also

heard Ms. S. Jahan, learned Addl. P.P., Assam appearing for the State.

This I.A. has been filed with a prayer to suspend the jail sentence

awarded to the applicant by the impugned judgment dated 13.09.2022

passed by the learned Sessions Judge, Baksa, Mushalpur in connection with

Sessions Case No.117/2018 convicting the applicant under Sections 302/326 of

the IPC and sentencing him to inter-alia undergo rigorous imprisonment for life

and also to pay fine with default stipulation.

Ms. Jahan prays for three weeks time to file objection opposing the

prayer made in the I.A.

In view of the above, issue notice returnable in three weeks.

Since Ms. S. Jahan, learned Addl. P.P., Assam has entered appearance

and accepted notice on behalf of the OP No.1, no formal notice is required to

be sent to the said opposite party.

The objection, if any, be positively brought on record within three weeks

from today.

Applicant to take steps for service of notice upon the OP No.2 by

registered post with A/D within a week from today.

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Let this matter be listed accordingly.

                                                  JUDGE        JUDGE



Comparing Assistant