Md. Matibur Rahman vs Pintu Ghosh
2022 Latest Caselaw 3791 Gua

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GAHC010195042022




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

                                 Case No. : Crl.Rev.P./482/2022

            MD. MATIBUR RAHMAN
            S/O MD. ABDUL MATLIB,
            VILL.- SATLONGA,
            P.S.- KACHUA,
            DIST.- NAGAON, ASSAM, PIN- 782126.

            VERSUS

            PINTU GHOSH
            S/O LATE P.C. GHOSH,
            R/O SARADA ASHRAM PATH, SILPUKHURI,
            P.S.- CHANDMARI,
            DIST.- KAMRUP (M), ASSAM, PIN- 781003.


Advocate for the Petitioner   : MR A W AMAN

Advocate for the Respondent :

             Linked Case : I.A.(Crl.)/573/2022

            MD. MATIBUR RAHMAN
            S/O MD. ABDUL MATLIB
            VILL.- SATLONGA
            P.S.- KACHUA
            DIST.- NAGAON
            ASSAM
            PIN- 782126.


             VERSUS

            PINTU GHOSH
            S/O LATE P.C. GHOSH
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              R/O SARADA ASHRAM PATH
              SILPUKHURI
              P.S.- CHANDMARI
              DIST.- KAMRUP (M)
              ASSAM
              PIN- 781003.


              ------------
              Advocate for : MR A W AMAN
              Advocate for : appearing for PINTU GHOSH



                                       BEFORE
                          HON'BLE MR. JUSTICE ROBIN PHUKAN


                                           ORDER

26.09.2022.

Heard Mr. Sarfraz Nawaz, learned counsel for the petitioner.

This interlocutory application is preferred by applicant Matibur Rahman prays for suspension of sentence and for allowing him to remain on previous bail during the pendency of the connected revision petition.

It is to be mentioned here in that in the Revision Petition, the petitioner challenges the legality, propriety and correctness of the judgment and order dated 12.08.2022, passed by the learned Addl. Sessions Judge No.2, Kamrup (M) at Guwahati in Criminal Appeal No.15/2021, whereby the learned appellate Court had dismissed the appeal filed by the petitioner and upheld the judgment and order of conviction dated 20.01.2021, passed by the learned Judicial

Magistrate First Class, Kamrup (M) at Guwahati in C.R. Case No.4713 C/2017, sentencing the petitioner to undergo rigorous imprisonment for one year and Page No.# 3/3

pay compensation of Rs.38,00,000/-.

Having heard the submission of learned counsel for the applicant and also considering the facts and circumstances on the record and the grounds mentioned in the petition as well as the impugned judgment and order, this Court is inclined to allow this interlocutory application and accordingly it is provided that the impugned judgment and order dated 12.08.2022, passed by the learned Appellate Court in Criminal Appeal No.15/2021 and the impugned judgment and order dated 20.01.2021, passed by the learned Judicial

Magistrate First Class, Kamrup (M) at Guwahati in C.R. Case No.4713 C/2017, stands stayed and the applicant is allowed to remain on previous bail till disposal of the petition.

In terms of the above, this application stands disposed of.

JUDGE

Comparing Assistant