Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 2850 Gua

                                                               Page No.# 1/3

GAHC010164582023




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

                                Case No. :




          I.A.(Crl.)/666/2023

         SOMER ALI AND 5 ORS.
         S/O LATE TAMSER ALI
         R/O DIMATOLA POYEST CHAR
         P.S.- FAKIRGANJ
         DIST.- DHUBRI (ASSAM).

         2: RABIAL HUSSAIN @ ROBIAL HOQUE @ RABIAL SK @ TULU
         S/O SOMSER ALI

         R/O DIMATOLA POYEST CHAR
         P.S.- FAKIRGANJ
         DIST.- DHUBRI (ASSAM).

         3: SAHANUR ALOM SHEIKH
         S/O LATE TAMSER ALI

         R/O DIMATOLA POYEST CHAR
         P.S.- FAKIRGANJ
         DIST.- DHUBRI (ASSAM).

         4: SAYED ALI
         S/O LATE BATU SHEIKH

         R/O DIMATOLA POYEST CHAR
         P.S.- FAKIRGANJ
         DIST.- DHUBRI (ASSAM).

         5: JAHIRUL HOQUE @ JOHIRUL ISLAM
         S/O SAYED ALI
                                                                  Page No.# 2/3


         R/O DIMATOLA POYEST CHAR
         P.S.- FAKIRGANJ
         DIST.- DHUBRI (ASSAM).

         6: KALA CHAND ALI @ KALACHAN ALI
         S/O LATE SUKUR ALI

         R/O SADUBASA
         P.S.- GAURIPUR
         DIST.- DHUBRI (ASSAM).
         VERSUS

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

         2:HAJI KURBAN ALI
         S/O LATE KOSIMUDDIN SK

         R/O MAJER ALGA PT0 IV

         P.S.- FAKIRGANJ
          DIST.- DHUBRI
         ASSAM
          PIN- 783339.
          ------------
         Advocate for : MR H R A CHOUDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.


         In
         Crl.A. /280/2023



                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                  ORDER

03.08.2023

Heard Mr. HRA Choudhury, learned Senior counsel, assisted by Mr. A. Ahmed, learned counsel for the applicants. Also heard Mr. P.S. Lahkar, Page No.# 3/3

learned Additional Public Prosecutor appearing for the State/respondent No.

1. By this application under Section 389 Cr.P.C., the appellants/ applicants prays for suspension of the sentence awarded vide judgment and order dated 23.06.2023 passed by Learned Additional Sessions Judge, Dhubri in Sessions case No. 203/2014. By the said judgment the learned Sessions Judge convicted the applicants under Section 148/149/324 IPC and sentenced him to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 1,000/- in default simple imprisonment for three months.

Mr. P.S. Lahkar, learned Additional Public Prosecutor appearing for the State/respondent No. 1 has made no objection on the prayer of the petitoner.

Having considered materials brought on record in its entirety, it is hereby provided that the execution of the sentence shall remain suspended till the disposal of the appeal and the appellants shall be allowed to remain on previous bail in connection with Sessions case No. 203/2014.

The Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant