Md. Saddam Mandal vs The State Of Assam And Anr
2022 Latest Caselaw 3854 Gua

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GAHC010220602021




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

                                    Case No. : Crl.A./3/2022

            MD. SADDAM MANDAL
            S/O- ABDUL AJID, VILL.- BHANDARA PART-3, P.O. AND P.S. MANIKPUR,
            DIST.- BONGAIGAON, ASSAM, PIN- 783380.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE P.P., ASSAM

            2:MD. MAFIJUL HOQUE
             S/O- LATE ABDUL SATTAR
            VILL.- CHOUTAKI
             P.O. SALAKI
             P.S. AND DIST.- KOKRAJHAR

Advocate for the Petitioner   : MR P K DAS

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/18/2022

            MD. SADDAM MANDAL
            S/O- ABDUL AJID
            VILL.- BHANDARA PART-3
            P.O. AND P.S. MANIKPUR
            DIST.- BONGAIGAON
            ASSAM
            PIN- 783380.
                                                                        Page No.# 2/3



           VERSUS

          THE STATE OF ASSAM AND ANR.
          REP. BY THE P.P.
          ASSAM

          2:MD. MAFIJUL HOQUE
          S/O- LATE ABDUL SATTAR
          VILL.- CHOUTAKI
           P.O. SALAKI
           P.S. AND DIST.- KOKRAJHAR.
           ------------
          Advocate for : MR P K DAS
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                BEFORE
               HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                      ORDER

Date : 27.9.2022

Heard Mr. P. K.Das, learned counsel for the applicant.

This is an application u/s 389 Cr.P.C. praying for suspension of the sentence passed by the learned Special Judge, Kokrajhar in Special Case No. 62/2018 arising out of Kokrajhar P.S. Case No. 566 of 2018, whereby the present appellant was convicted u/s 363 IPC and sentenced to undergo rigorous imprisonment for two years with fine of Rs. 20,000/- .

Considering the fact that the appellant has already been in Jail serving more than 1 and ½ years since the passing of the judgment and also considering the fact that the appeal is not likely to be heard in immediate future, this court is of the opinion that the appellant be Page No.# 3/3

released from Jail.

Accordingly, it is provided that the operation of the sentence passed in Special Case No. 62/2018 arising out of Kokrajhar P.S. Case No. 566 of 2018 shall remain stayed till disposal of the connected Criminal Appeal No. 3/2022. The appellant Md. Saddam Mandal is directed to be released on bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned Special Judge, Kokrajhar, Assam on the following terms and conditions:

(i) that the applicant appellant shall cooperate with the concerned Police Station as and when required;

(ii) The applicant appellant shall not leave the territorial jurisdiction of the learned Special Judge, Kokrajhar without prior written permission from learned Special Judge, Kokrajhar.

I A stands disposed of.

JUDGE

Comparing Assistant