Swmdwn Islary vs The State Of Assam And Anr
2023 Latest Caselaw 1694 Gua

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GAHC010079142023




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

                                Case No. : Crl.Rev.P./150/2023

            SWMDWN ISLARY
            S/O SRI PRANESWAR ISLARY
            R/O VILL- OUGURI
            DIGHALDANG, P.O.OUGURI,
            P.S. AMGURI, DIST. CHIRANG, BTR, ASSAM, PIN-783393



            VERSUS

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

            2:SRI RAM BAHADUR CHETRY
             HEADMASTER
             SHANTIPUR
             F.V. H.E. SCHOOL
             SHANTIPUR
             P.O. SHANTIPUR
            PIN-783375
             DIST. CHIRANG
             BTC
            ASSA

Advocate for the Petitioner   : MR. A NARZARI

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

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Date : --28.04.2023

Heard Mr. A. Narzari, learned counsel for the petitioner Swmdwn Islary.

The petitioner has filed an application under Section 401 Cr.PC read with Section 397 Cr.PC and read with Section 482 Cr.PC challenging the legality and propriety of the order dated 13.03.2023 passed by the learned Sessions Judge, Chirang, Kajalgaon in Criminal Appeal No. 8/2022 scaling down the sentence of imprisonment from 3 years to 18 months under Sections 471/419 IPC. The sentences are to run concurrently. The earlier order of conviction passed by the learned Additional CJM in G.R. Case No. 144/2015 (T) vide judgment & order dated 22.08.2022, was upheld by the learned Sessions Judge.

The learned Addl. P.P. Mr. P. Borthakur has accepted notice on behalf of respondent No. 1. So, no formal notice is required to be issued.

Issue Notice to respondent No. 2 through registered post with A/D returnable within 4 (four) weeks.

Call for the LCRs of Criminal Appeal No. 8 of 2022 and C.R. Case No. 144/2015 (T).

The conviction and sentence vide orders dated 13.03.2023 in Criminal Appeal No. 8 of 2022 and C.R. Case No. 144/2015 (T) is suspended until further orders.

List accordingly.

JUDGE

Comparing Assistant