Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 3245 Gua

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GAHC010176792023




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

                                Case No. : Crl.Rev.P./328/2023

            KHALILUR RAHMAN AND ANR
            S/O LATE HASEN ALI
            R/OVILL-GORAIMARI
            P.S. BONGAIGAON,
            P.O. GORAIMARI
            DIST. BONGAIGAON, ASSAM
            PIN-783390

            2: RAJENDRA SARMA @ PANDIT
             S/O LT. JAGADISH SARMA
            R/O VILL- GORAIMARI
            P.S. BONGAIGAON
            P.O. GORAIMARI
            DIST. BONGAIGAON
            ASSAM
            PIN-78339

            VERSUS

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

            2:SRI DHRUBA JYOTI DAS
            ADDITIONAL DEPUTY COMMISSIONER

            BONGAIGAON
            P.S. AND P.O.BONGAIGAON

            DIST. BONGAIGAON
            ASSAM

            PIN-78338

Advocate for the Petitioner   : MR. M H ALI
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Advocate for the Respondent : PP, ASSAM




                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

22.08.2023

Heard Mr. A. Sahad, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor, Assam appearing for the State respondent No.1.

This is an application under Sections 397/401 Cr.P.C. against the impugned Judgment and Order, dated 23.06.2023, passed by the learned Sessions Judge, Bongaigaon in Criminal Appeal No.11/2022 upholding and affirming the Judgment and Order of conviction and sentence, dated 05.04.2022 passed in PRC No.300/2019.

This petition is admitted.

As Mr. D.P. Goswami, learned Addl. Public Prosecutor, has accepted notice on behalf of the State respondent No.1, no fresh notice needs be issued. However, a copy of the petition along with the documents annexed thereto, be furnished to him during the course of the day.

Issue notice to the respondent No.2. Steps be taken by registered post with A/D within 3(three) days.

Call for the records.

List after receipt of LCR and service of notice.

Upon hearing the learned counsel for both sides and considering the Page No.# 3/3

averments made in the petition along with the documents annexed therewith, it is provided that till disposal of the instant petition the execution of the sentence passed in the Judgment and Order, dated 05.04.2022 in PRC No.300/2019 and affirmed by the impugned Judgment and Order, dated 23.06.2023, passed by the learned Sessions Judge, Bongaigaon in Criminal Appeal No.11/2022 shall remain stayed.

JUDGE

Comparing Assistant