Dharmeswar Das vs The State Of Assam And Anr
2023 Latest Caselaw 3491 Gua

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GAHC010190282023




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

                              Case No. : Crl.Rev.P./358/2023

           DHARMESWAR DAS
           S/O LATE UPEN CHANDRA DAS
           R/O VILL- UTTAR BHERBHERI,
           P.S. SORBHOG
           DIST. BARPETA, ASSAM
           PIN-781317

           VERSUS

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

           2:MISS. NAMITA NATH
            D/O DIMBESWAR NATH
           R/O VILL- UTTAR BHERBHERI
           P.S. SORBHOG
           DIST. BARPETA
           ASSAM
           PIN-78131

Advocate for the Petitioner : MR. K R PATGIRI
Advocate for the Respondent : PP, ASSAM




                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                 ORDER

31.08.2023

Heard Mr. K.R. Patgiri, learned counsel for the petitioner and Ms. S.H. Bora, learned Addl. P.P. for the State respondent.

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In this revision petition, under Sections 397/401 of the Cr.P.C. read with Section 482 of the Cr.P.C., the petitioner has put to challenge the correctness or otherwise of the judgment and order dated 28.06.2023, passed by the learned Sessions Judge, Barpeta in Criminal Appeal No. 15/2020.

It is to be noted here that vide judgment and order dated 28.06.2023, the learned court below has affirmed the judgment and order dated 25.11.2020, passed by the learned Judicial Magistrate First Class, Barpeta in GR Case No. 7433/2013, whereby the conviction of the petitioner under Section 354 of the IPC and his sentence to undergo SI for 1 year and fine of Rs. 10,000/- with default stipulation has been upheld.

Perused the petition as well as the documents placed on record. Let notice be issued to the respondent no. 2, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process. As Ms. Bora has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day. Mr. Patgiri, learned counsel for the petitioner submits that the petitioner is already allowed to remain on previous bail, by the learned court below and therefore, it is contended to allow the petitioner to remain on previous bail, till disposal of this revision petition.

Having heard the submissions of learned counsel for both the parties, it is provided that the petitioner is allowed to remain on previous bail, till disposal of this revision petition.

Call for the record from the learned court below. List the matter after 4 weeks.

JUDGE Comparing Assistant