Rahul Rajbongshi vs The State Of Assam And Anr
2023 Latest Caselaw 3455 Gua

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GAHC010185132023




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

                          Case No. : I.A.(Crl.)/783/2023



         RAHUL RAJBONGSHI
         S/O SRI BINUD RAJBONGSHI @ GOGAN RAJBONGSHI R/O LINE NO. 10
         MECKIPUR TE P.O. MECKIPUR P.S. NAZIRA DIST. SIVASAGAR
         ASSAM


          VERSUS


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

         2:SMTI. LAXMI TANTI
         W/O SRI SUBIN TANTI
         R/O NADIDHARA LINE MECKIPUR TE
         P.O. MECKIPUR
         P.S. NAZIRA DIST. SIVASAGAR
         ASSAM



         ------------
         Advocate for : MR. P J SAIKIA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

30.08.2023

Heard Mr. P.J. Saikia, learned counsel for the applicant and Ms. S.H. Bora, learned Addl. P.P. for the State respondent.

2. This interlocutory application, under Section 389[1] of the Cr.P.C., is preferred by the applicant namely, Sri Rahul Rajbongshi for granting him bail, during the pendency of the appeal being preferred by him against the judgment and order dated 15.06.2023, passed by the learned Sessions Judge, Sivasagar, in Criminal Appeal No. 29[3]/2019, whereby the learned court below has upheld the judgment and order dated 11.07.2019, passed by the learned SDJM [M], Nazira, in PRC No. 103/2018, corresponding to GR Case No. 441/2018, whereby the learned court below has sentenced him to suffer 1 year rigorous imprisonment under Section 354 of the IPC and also to pay a fine of Rs. 5,000/- with default stipulation and further sentenced to undergo simple imprisonment for another 3 months under Section 341 of the IPC and further directed to run both the sentences concurrently.

3. It is to be noted here that the applicant has preferred one revision petition against the aforesaid judgments and orders which has already been admitted and the record has already been called for.

4. Mr. Saikia, learned counsel for the applicant submits that the applicant is already allowed to go on bail by the learned court below and till disposal of the appeal, he prays for allowing the applicant to remain on previous bail.

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and also having considered the facts and circumstances on record the applicant is allowed to remain on previous bail.

6. In terms of above, this IA stands disposed of.

JUDGE

Comparing Assistant