Ashik Baruah vs The State Of Assam And Anr
2022 Latest Caselaw 3843 Gua

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GAHC010047742022




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


                                  Case No: I.A.(Crl.)/574/2022

         ASHIK BARUAH
         S/O SRI KANTESWAR BARUAH
         RESIDENT OF UPPER LAOPANI
         PS SAIKHOWAGHAT
         MOUZA SADIYA
         DIST TINSUKIA
         ASSAM
         786154


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY THE SPECIAL PP ASSAM
         UNDER WILD LIFE PROTECTION ACT
         1972

         2:SRI MRIDUL SONOWAL

         S/O LATE KARTIK SONOWAL
         RESIDENT OF BORMURA

         PS DHOLA
         DIST TINSUKIA
         ASSAM
         786154
         ------------
         Advocate for : MS. S KANUNGOE
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.

          LINKED Case No. : Crl.A./239/2022
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                         ASHIK BARUAH
                         S/O SRI KANTESWAR BARUAH,
                         RESIDENT OF UPPER LAOPANI,
                         PS SAIKHOWAGHAT, MOUZA SADIYA, DIST TINSUKIA,
                         ASSAM, 786154



                         VERSUS

                         THE STATE OF ASSAM AND ANR.
                         REPRESENTED BY THE SPECIAL PP ASSAM, UNDER WILD
                         LIFE PROTECTION ACT, 1972

                         2:SRI MRIDUL SONOWAL

                          S/O LATE KARTIK SONOWAL
                          RESIDENT OF BORMURA
                          PS DHOLA
                          DIST TINSUKIA
                          ASSAM
                          78615

             Advocate for the Petitioner   : MS. S KANUNGOE

             Advocate for the Respondent : PP, ASSAM

                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                            ORDER

27.09.2022

Heard Ms. S. Kanuggoe, learned counsel for the applicant. Also heard Mr. D. Das, learned Additional Public Prosecutor, for the State of Assam.

This is an application filed under Section 389 of the Code of Criminal Procedure, 1973 for suspension of operation of Judgment and Order dated 03.10.2019 passed in W.L.(P) Case No-01(CH) 2018 by the learned Additional Session Judge-2 (FTC) (W.L(P) Act, 1972) Tinsukia, Assam convicting the applicant with a sentence to undergo simple imprisonment of 7 (seven) years Page No.# 3/4

and a fine of Rs. 50,000/- (Rupees Fifty Thousand) only in default simple Imprisonment for 1 (one) year u/s 51(1) of Wild Life Protection Act, 1972.

The learned counsel for the applicant has produced the copies of the deposition, the F.I.R. along with the appeal memo. The prosecution was launched on the basis of an F.I.R. which discloses that two unknown persons were carrying a dead dear in their scooter on the fateful day and on the basis of information gathered from the said two persons, it was learnt that dear was killed by the present applicant Sri Ashik Baruah. The informant as PW-1 also deposed in the similar line before the learned trial Court. The said two persons who allegedly disclosed the name of the present applicant has not been examined by the prosecution. The I.O. has deposed that he saw public gathering at around 100 meters away from the police station and public informed that one dead dear was being carried by a person on the scooter. During cross-examination he deposed that he did not know who handed over the dear to the police and who killed the dear.

Considering the aforesaid materials on the basis of which the applicant was convicted, this Court is of the considered opinion that the applicant has been able to make out a prima facie case for grant of bail during pendency of the connected appeal.

Accordingly, the operation of Sentence dated 03.10.2019 passed in W.L.(P) Case No-01(CH) 2018 by the learned Additional Session Judge-2 (FTC) (W.L(P) Act, 1972) Tinsukia, Assam, shall remain stayed till disposal of the connected Criminal Appeal No. 239/2022. The applicant/accused namely Sri Ashik Baruah is directed to be released on bail of Rs. 20,000/- (Rupees Twenty Thousand) with one surety of like amount to the satisfaction of the learned Additional Page No.# 4/4

Session Judge-2 (FTC) (W.L(P) Act, 1972) Tinsukia, Assam

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

JUDGE

Comparing Assistant