Majibar Rahman @ Md Majibar Rahman vs The State Of Assam And Anr
2022 Latest Caselaw 3974 Gua

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GAHC010207102022




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

                               I.A.(Crl.)/608/2022

                   MAJIBAR RAHMAN @ MD MAJIBAR RAHMAN
             S/O LATE FARJUL HAQUE. VILLAGE DAKHIN KALIKAJARI
                               PS MIKIRBHETA
                               DIST MORIGAON
                                   ASSAM


                                    VERSUS

                       THE STATE OF ASSAM AND ANR.
                        REPRESENTED BY PP ASSAM

                             2:HABIBUR RAHMAN
                                 S/O URMAT ALI
                     RESIDENT OF VILLAGE KALIKAJARI
                                 PS MIKIRBHETA
                                DIST MORIGAON
                                      ASSAM
                                     ------------
                          Advocate for : MR. J AHMED
                                 Advocate for : PP
               ASSAM appearing for THE STATE OF ASSAM AND ANR.


                          In Case No. : Crl.A./250/2022

         MAJIBAR RAHMAN @ MD MAJIBAR RAHMAN
         S/O LATE FARJUL HAQUE.
         VILLAGE DAKHIN KALIKAJARI, PS MIKIRBHETA, DIST MORIGAON,
         ASSAM



         VERSUS
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            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:HABIBUR RAHMAN
             S/O URMAT ALI

            RESIDENT OF VILLAGE KALIKAJARI
            PS MIKIRBHETA
            DIST MORIGAON
            ASSA

Advocate for the Petitioner   : MR. J AHMED

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 30.09.2022

Heard Mr. J Ahmed, learned counsel for the applicant/appellant as well as Mr. RR Kaushik, learned Addl. P.P., Assam appearing for the State respondent No. 1.

By this interlocutory application under Section 389 (1) Cr.P.C., the applicant/appellant, who is convicted and sentenced vide the impugned Judgment and Order, dated 30.08.2022, passed in Session Case No. 64/2015 by the learned Sessions Judge, Morigaon has prayed for suspension of sentence and to allow him to remain on previous bail.

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 30.08.2022, passed in Session Case No. 64/2015 by the learned Sessions Judge, Morigaon, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 250/2022. The applicant/accused is directed to remain on previous bail, as prayed for.

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

JUDGE

Comparing Assistant