Toko Tadh vs The State Of Arunachal Pradesh And ...
2022 Latest Caselaw 4002 Gua

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GAHC010209862022




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

                                 Case No. : I.A.(Crl.)/616/2022

            TOKO TADH
            S/O LATE TOKO TARAM, R/O VILL-SALLY, P.O./P.S.-YAZALI, DIST-LOWER
            SUBANSIRI, ARUNACHAL PRADESH



            VERSUS

            THE STATE OF ARUNACHAL PRADESH AND ANR
            REPRESENTED THROUGH THE PUBLIC PROSECUTOR

            2:SHRI TARA TULLA (HGB)
             S/O LT. TARA TEMI
             R/O VILL-NYOLIBAR
             P.O./P.S.-YAZALI
             LOWER SUBANSIRI DISTRICT
            ARUNACHAL PRADESH

Advocate for the Petitioner   : MR. K TAMA

Advocate for the Respondent : PP, A P




             Linked Case : Crl.Rev.P./504/2022

            TOKO TADH
            S/O LATE TOKO TARAM
            R/O VILL-SALLY
            P.O./P.S.-YAZALI
            DIST-LOWER SUBANSIRI
            ARUNACHAL PRADESH
                                                                                    Page No.# 2/3



             VERSUS

            THE STATE OF ARUNACHAL PRADESH AND ANR.
            REPRESENTED THROUGH THE PUBLIC PROSECUTOR

            2:TARA TULLA (HGB)
            S/O LT. TARA TEMI
             R/O VILL-NYOLIBAR
             P.O./P.S.-YAZALI
             LOWER SUBANSIRI DISTRICT
            ARUNACHAL PRADESH
             ------------

Advocate for : MR. S BISWAKARMA Advocate for : GA AP appearing for THE STATE OF ARUNACHAL PRADESH AND ANR.

BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

11.10.2022

Heard Mr. K. Tama, learned counsel appearing for the petitioner as well as Mr. NNB Choudhury, learned Addl. P.P. cum A.G. appearing for the State of Arunachal Pradesh.

Pursuant to the judgment and order dated 26.09.2022 passed by the Sessions Judge, Ziro in Criminal Appeal (Z) No. 01/2022 upholding the order of conviction of the trial Court under Section 353 IPC sentencing the petitioner to undergo simple imprisonment for three months vide order dated 11.05.2022 in G.R. Case No. 08/2013 corresponding to Yazali P.S. Case No. 08/2013.

The petitioner has already undergone simple imprisonment for a period of one and a half months since 26.09.2022.

Considering the submissions of both sides, the order of sentence stands suspended until further orders and the petitioner is released on bail of Rs. 10,000/- with a surety of like amount subject to the satisfaction of the learned CJM, at Ziro, Arunachal Pradesh.

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Issue notice to the respondent no. 2.

The petitioner shall take steps for service of notice upon the respondent no. 2 by registered post with A/D as well as by usual process within a week.

Call for the LCR.

List the matter after receipt of the LCR.

JUDGE

Comparing Assistant