Md. Abzal Khan @ Abzal Rajjak vs M.M. Hardware Stores And Anr
2023 Latest Caselaw 5054 Gua

Gauhati High Court

Md. Abzal Khan @ Abzal Rajjak vs M.M. Hardware Stores And Anr on 14 December, 2023

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                              Page No.# 1/2

GAHC010255792023




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



                                    I.A.(Crl.)/1204/2023

         MD. ABZAL KHAN @ ABZAL RAJJAK
         S/O GULAM HUSSAIN KHAN
         VILL.- FANCY ALI
         P.S.
         P.O. AND DIST.- JORHAT
         ASSAM
         PIN- 785001.


          VERSUS

         M.M. HARDWARE STORES AND ANR.
         A PROPRIETORSHIP FIRM REP. BY SRI ASHOK KUMAR MALPANI
         S/O LATE MURULIDHAR MALPANI HAVING ITS H.O CUM SHOP AT FANCY
         ALI
         P.S.
         P.O. AND DIST.- JORHAT
         ASSAM
         PIN- 785001.

         2:THE STATE OF ASSAM
         REP. BY LEARNED P.P.
         ASSAM.
          ------------
         Advocate for : G UDDIN
         Advocate for : PP
         ASSAM appearing for M.M. HARDWARE STORES AND ANR.
                                                                                    Page No.# 2/2




                                    BEFORE
                   HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

14.12.2023 Heard Mr. G. Uddin, learned counsel for the applicant as well as Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam, appearing for the Opposite Party No. 2.

This is an application filed under Section 389 of the CrPC by the petitioner, namely, Md. Abzal Khan @ Abzal Rajjak, praying for suspension of sentence and releasing him on bail during pendency of the connected criminal revision petition.

Since the connected revision petition has been admitted for hearing, the judgment and order dated 26.07.2023 passed by the learned Additional Sessions Judge, Jorhat in Criminal Appeal No. 6/2023 arising out of CR (NI) Case No. 68/2017 shall remain stayed till disposal of the revision petition, subject to deposit of 50% of the cheque amount in the Registry of this Court within next 6 (six) weeks.

The IA(Crl.) stands disposed of.

JUDGE

Comparing Assistant