Ashok Borah @ Ashokananda Borah @ ... vs The State Of Assam
2023 Latest Caselaw 1476 Gua

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GAHC010072662023




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

                                 Case No. : I.A.(Crl.)/281/2023

            ASHOK BORAH @ ASHOKANANDA BORAH @ ASHOKANANDA BORA
            S/O- LATE KHAGESWAR BORA, R/O- VILL.- PANIGAON, P.O. AND P.S.
            PANIGAON, DIST. LAKHIMPUR, ASSAM, PIN- 787052.



            VERSUS

            THE STATE OF ASSAM,
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MD. ARIF ALI HAZARIKA

             S/O- FUKAN ALI HAZARIKA
             R/O- WARD NO. 11
             NORTH LAKHIMPUR TOWN
             P.O.
             P.S. AND DIST. LAKHIMPUR
             ASSAM
             PIN- 787001

Advocate for the Petitioner   : MR J C GOGOI

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.Rev.P./119/2023

            ASHOK BORAH @ ASHOKANANDA BORAH @ ASHOKANANDA BORA
            S/O- LATE KHAGESWAR BORA
            R/O- VILL.- PANIGAON
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            P.O. AND P.S. PANIGAON
            DIST. LAKHIMPUR
            ASSAM
            PIN- 787052.


            VERSUS

            MD. ARIF ALI HAZARIKA AND ANR
            S/O- FUKAN ALI HAZARIKA
            R/O- WARD NO. 11
            NORTH LAKHIMPUR TOWN
            P.O.
            P.S. AND DIST. LAKHIMPUR
            ASSAM
            PIN- 787001.

            2:THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSAM
             ------------

Advocate for : MR J C GOGOI Advocate for : PP ASSAM appearing for MD. ARIF ALI HAZARIKA AND ANR

BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

11.04.2023

1. Heard Mr. J.C. Gogoi, learned counsel appearing for the petitioners as well as Mr. P. Borthakur, learned Addl. P.P. appearing for the State respondent.

2. The petitioners, namely, Ashok Borah @ Ashokananda Borah @Ashokananda Bora has filed an application that he will pay 25% of the awarded amount before the Registry of this Court on the next date fixed.

3. The petitioner has preferred the Revision petition challenging the legality and propriety of the judgment and order dated 31.03.2021 passed by the Additional Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in C.R. Case No. 11/2015 convicting and sentencing Page No.# 3/3

him to undergo simple imprisonment for 6(six) months and to pay a fine of Rs. 4,00,000/- with default stipulation under Section 138 N.I. Act.

4. The petitioner is allowed to deposit 25% of the compensation amount before the Registry of this Court.

5. The operation of the impugned judgment and order of conviction and sentence of 6(six) months is stayed till the disposal of the revision petition.

6. The applicant/petitioner is also allowed to go on fresh bail of Rs. 30,000/- with a

suitable surety of like amount to the satisfaction of learned CJM, Lakhimpur, North Lakhimpur.

The learned Court may impose conditions as he/she deems fit and proper.

7. Accordingly, this interlocutory application stands disposed of.

JUDGE

Comparing Assistant