Jabed Ali vs The State Of Assam And Anr
2023 Latest Caselaw 2884 Gua

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GAHC010167332023




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

                               Case No: I.A.(Crl.)/664/2023


         JABED ALI
         S/O ISMAIL HOQUE @ SHEIKH
          VILL.- MOISHALDANGA PART-I
          P.S.- MANKACHAR
          DIST.- SOUTH SALMARA-MANKACHAR.


          VERSUS

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

         2:MOHAMMAD PIRU SK.
         S/O LATE AZGAR ALI

         VILL.- BAMUNPARA
         P.S.- MANKACHAR
         DIST.- DHUBRI
         ASSAM.
         ------------
         Advocate for : MR. B K MAHAJAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                BEFORE
                HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                   HONOURABLE MR. JUSTICE KARDAK ETE

                                     ORDER

Date : 04.08.2023 (K.R. Surana, J)

Heard Mr. D. Bora, learned counsel for the applicant. Also heard Ms. A. Begum, learned APP appearing for the State.

2. By filing this application u/s 389(3) Cr.P.C., the applicant has prayed for (1) staying the operation of judgment and order of conviction dated 06.06.2023 passed by the learned Sessions Judge, South Salmara-Mankachar in Sessions Case No. 49/2021 (New) & Sessions Case No. 93/2015 (Old), thereby sentencing the appellant to undergo RI for life and fine of Rs.10,000/- (Rupees ten thousand only) with default stipulations; and (2) to allow him to go on bail.

3. Issue notice returnable in 4 (four) weeks.

4. Requisite extra copies of the application be furnished to the learned APP in course of the day.

5. The applicant shall take steps within 2 (two) days for service of notice on the opposite party no.2 by registered post with A/D as well as by usual process to be routed through the jurisdictional Magistrate.

6. This interlocutory application shall be considered on receipt of the LCR, which is called for in connection with the connected appeal.

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7. List after 4 (four) weeks.

                       JUDGE             JUDGE




Comparing Assistant