Karuna Malakar vs The State Of Assam And Anr
2023 Latest Caselaw 2954 Gua

                                                                   Page No.# 1/2

GAHC010169882023




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

          Case : I.A.(Crl.)/682/2023

         KARUNA MALAKAR
         S/O SRI KANCHAN KUMAR MALAKAR
         RESIDENT OF VILLAGE HORILAL BASTI
         PO AND PS DIPHU
         DIST KARBI ANGLONG
         ASSAM
         782460

          VERSUS

         THE STATE OF ASSAM AND ANR
         REPRESENTED BY PP ASSAM

         2:SMTI SHILA MALAKAR
         W/O SHRI KARUNA MALAKAR

         D/O LATE GOPI DAS
         PRESENTLY RESIDING AT PANBARI BORA MILL
         PO AND PS DIPHU
         DIST KARBI ANGLONG ASSAM 782460
         ------------
         Advocate for : MR. S S S RAHMAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR



                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

07.08.2023 Heard Mr. S. S. S. Rahman, learned counsel for the applicant/appellant as Page No.# 2/2

well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent No. 1.

By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant, who is convicted vide the impugned Judgment and Order, dated 26.07.2023 passed by the learned Assistant Sessions Judge, Karbi Anglong, Diphu in Sessions Case No. 65/2021 (G.R. Case No. 379/2019) arising out of Diphu P.S. Case No. 93/2019, has prayed for suspension of sentence and to allow him to go on bail.

I have heard the learned counsel for both sides and considered the grounds cited in the petition along with the documents annexed thereto.

On hearing the learned counsel for both sides and perusal of the impugned Judgment and Order, dated 26.07.2023, passed in Sessions Case No. 65/2021 (G.R. Case No. 379/2019) arising out of Diphu P.S. Case No. 93/2019 by the learned Assistant Sessions Judge, Karbi Anglong, Diphu, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 290/2023. The applicant/accused is directed to be released on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned Assistant Sessions Judge, Karbi Anglong, Diphu.

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

JUDGE

Comparing Assistant