Biswajit Mandal vs The State Of Assam And Anr
2022 Latest Caselaw 3968 Gua

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GAHC010204772022




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

                                 Case No. : Crl.Rev.P./499/2022

            BISWAJIT MANDAL
            S/O. SRI THAKURDAS MANDAL, VILL. BASUGAON, KHATALPARA, P.S.
            BASUGAON, DIST. CHIRANG, ASSAM, PIN-783372.

            VERSUS

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

            2:MAMPI MANDAL
             D/O. RANJIT SARKAR
            VILL. FAKIRAGRAM
             MOIBNABARI
             P.S. FAKIRAGRAM
             P.O. SHAKTI ASHRAM
             DIST. KOKRAJHAR
            ASSAM
             PIN-783354

Advocate for the Petitioner   : MR H DAS

Advocate for the Respondent : PP, ASSAM


             Linked Case : I.A.(Crl.)/604/2022

            BISWAJIT MANDAL
            S/O. SRI THAKURDAS MANDAL
            VILL. BASUGAON
            KHATALPARA
            P.S. BASUGAON
            DIST. CHIRANG
            ASSAM
            PIN-783372.
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              VERSUS

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

              2:MAMPI MANDAL
              D/O. RANJIT SARKAR
              VILL. FAKIRAGRAM
               MOIBNABARI
               P.S. FAKIRAGRAM
               P.O. SHAKTI ASHRAM
               DIST. KOKRAJHAR
              ASSAM
               PIN-783354.
               ------------
              Advocate for : MR H DAS
              Advocate for : PP
              ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                     BEFORE
                        HON'BLE MR. JUSTICE ROBIN PHUKAN


                                       ORDER

30.09.2022.

Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State/respondent No.1.

This interlocutory application is preferred by applicants, namely, Surjya Gogoi and Chandra Gogoi for suspension of sentence, passed by the learned trial Court as well as by the learned Appellate Court.

The connected revision petition has already been admitted and the record has already been called for from the learned Courts below and having considered Page No.# 3/3

the submission of learned Advocates of both sides and also considering the factgs and circumstances on the record and the ground mentioned in the revision petition, this I.A. stands allowed.

Accordingly the operation of the impugned as well as the judgment and order dated 21.01.2021, passed by the learned Judicial Magistrate First Class, Chirang in PRC Case No.606/2019 and the order dated 14.09.2022, passed by the learned Sessions Judge, Chirang, in Criminal Appeal No.4/2022 shall remain stayed, till disposal of the revision petition and the petitioner is allowed to remain o previous bail.

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

JUDGE

Comparing Assistant