Debeswar Taukdar vs The State Of Assam
2022 Latest Caselaw 3421 Gua

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GAHC010177592022




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


          Linked Case : I.A.(Crl.)/516/2022

         DEBESWAR TAUKDAR
         S/O LATE KAMESWAR TALUKDAR
         RESIDENT OF HOUSE NO. 16
         UJJAL NAGAR
         PS DISPUR
         GUWAHATI
         KAMRUP M ASSAM


          VERSUS

         THE STATE OF ASSAM
         REPRESENTED BY PP ASSAM

         2:SUSHIL PATOWARY
         S/O SRI RATNESWAR PATOWARY

         RESIDENT OF HOUSE NO. 11
         NIZARAPARA PATH
         HENGRABARI
         GUWAHATI
         KAMRUP M ASSAM 781036
         ------------
         Advocate for : MR. B K MAHAJAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM



                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                         ORDER

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07.09.2022

Heard Mr. B. K. Mahajan, learned counsel for the applicant/appellant as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent No. 1.

By this interlocutory application under Section 389(3) Cr.P.C., the applicant/appellant, who is convicted and sentenced vide the impugned Judgment and Order, dated 16.08.2022, passed by the learned Special Judge, Assam, Guwahati in Special Case No. 11/2018 has prayed for suspension of sentence and to allow him to go on bail.

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 16.08.2022, passed in Special Case No. 11/2018 by the learned Special Judge, Assam, Guwahati, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 218/2022. The applicant/accused is directed to be released on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge, Assam, Guwahati.

With the above directions, the Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant