Binod Taid vs The State Of Assam
2022 Latest Caselaw 3594 Gua

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GAHC010164232022




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

                               Case No: I.A.(Crl.)/461/2022


         BINOD TAID
         S/O SRI SATISH TAID
         R/O NO. 1 HATIYEMORA GAON
         P.S.-GHILAMARA
         DIST-LAKHIMPUR
         ASSAM
         PIN-787053


          VERSUS

         THE STATE OF ASSAM
         REPRESENTED BY THE PUBLIC PROSECUTOR
         ASSAM

         2:SHRI JANTAI TAID
         S/O SHRI PADMADHAR TAID
          R/O VILLAGE- HATIYAMARA
          P.S.- GHILAMARA
          DIST- LAKHIMPUR
         ASSAM. PIN-787053
          ------------
         Advocate for : MR. A KHANIKAR
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
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                                 BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                      ORDER

Date : 16.09.2022

Heard Mr. A. Khanikar, learned counsel for the applicant. Also heard Mr. Bhaskar Sarma, learned APP for the State.

By this application under section 389(1) Cr.P.C., the applicant has prayed for staying/suspending the operation of the judgment and order dated 26.07.2022 passed by the learned Session Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 47(NL)/2017, thereby convicting the applicant under section 307 IPC to undergo rigorous imprisonment for 3 (three) years and fine of Rs.5,000/- with default stipulation, under section 323 IPC to undergo rigorous imprisonment for 6 (six) months and fine of Rs.500/- with default stipulation and under section 448 to undergo rigorous imprisonment for 6 (six) months and fine of Rs.500/- with default stipulation.

The learned counsel for the applicant has prayed for the release of the applicant on bail, which is objected to by the learned APP.

Considering the statement of the applicant that he was on bail during the pendency of the trial and further considering that the maximum sentence which has been passed against the applicant is 3 (three) years, the Court is inclined to release the applicant on bail on furnishing fresh bail bond of Rs.50,000/- with two suitable sureties of like amount to the satisfaction of learned Sessions Judge, Lakhimpur, North Lakhimpur. Out of the two sureties, one should offer his landed property as security, having sufficient value to cover the bail amount. Along with the bail bond, the applicant shall submit an undertaking before the Page No.# 3/3

Court of learned Sessions Judge, Lakhimpur, North Lakhimpur to surrender before the said learned Court to suffer the sentence awarded against him in the event the appeal is decided against the applicant.

In the event, the family members of the applicant approached the concerned jail where the applicant is presently lodged, the Jailor would allow the family members to get the signature of applicant in the undertaking along with the bail bond. In this regard, the applicant is permitted to produce a certified copy of this order before the Jailor to do the needful.

Subject to compliance of above, this application stands disposed of.

JUDGE

Comparing Assistant