Page No.# 1/3 vs State Of Assam
2023 Latest Caselaw 3393 Gua

                                                         Page No.# 1/3

GAHC010191232023




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

                                  Case No.




          I.A.(Crl.)/769/2023

         SANJIT BASUMATARY AND ANR.
         S/O ROTNAL BASUMATARY
         R/O BHAIRABPUR
         P.S.- UDALGURI
         DIST.- UDALGURI
         ASSAM.

         2: NUPUL DAIMARI @ NUPUL DAIMARY
         S/O NIPEN DAIMARI

         R/O ANGRAJULI
         P.S.- UDALGURI
         ASSAM.
         VERSUS

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


         ------------
         Advocate for : MS. P BHATTACHARYA
         Advocate for : PP
         ASSAM appearing for STATE OF ASSAM


         In
         Crl.A. 313 of 2023
                                                                       Page No.# 2/3




                                     BEFORE

                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

28.08.2023

Heard Ms. Bhattacharyya, learned counsel for the applicants. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State respondent.

This application under Section 389 of the of the Code of Criminal Procedure, 1973, is preferred by the applicants, namely, Sanjit Basumatary and Nupul Daimari @ Nupul Daimary for suspension of sentence passed by the learned Special Judge, Udalguri in Special (NDPS) Case No. 20/2019, whereby the learned Court below has convicted both the applicants, vide judgment and order dated 26.07.2023 under Section 20(b)(ii)(B) of the NDPS Act, 1985 and sentenced them to suffer imprisonment of 1 year and also to pay a fine of Rs. 10,000/- with default stipulation.

Ms. Bhattacharyya submits that both the applicants shall prefer an appeal which is admitted today and notice has been issued and record has been called for and therefore, it is contended to allow the applicants to remain on previous bail.

Having heard the submissions of learned advocates of both sides and also considering the facts and circumstances on the record, the applicants are allowed to remain on previous bail till disposal of the Criminal Appeal No. Page No.# 3/3

313/2023.

In terms of above, this I.A. stands disposed of.

JUDGE

Comparing Assistant