Rahin Banikya vs The State Of Assam And Anr
2023 Latest Caselaw 462 Gua

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GAHC010009332023




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




                               Case : I.A.(Crl.)/75/2023

         RAHIN BANIKYA
         S/O LATE JONAK BANIKYA
         VILL.- NOONTULA
         P.O.- BAIRAPUR
         P.S.- SARBHOG
         DIST.- BARPETA (ASSAM)
         PIN- 781317.


          VERSUS

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

         2:RENU BAISHYA
         W/O JATIN CHANDRA BAISHYA

         VILL.- NOONTULA

         P.O.- BAIRAPUR

         P.S.- SARBHOG

         DIST.- BARPETA (ASSAM)
         PIN- 781317.
         ------------
         Advocate for : MR. S S S RAHMAN
         Advocate for : PP
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           ASSAM appearing for THE STATE OF ASSAM AND ANR.




                                 BEFORE
              HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                       ORDER

Date : 08.02. 2023 Heard Mr. SSS Rahman, learned counsel for the applicant Rahin Banikya and Mr. BB Gogoi, learned Addl. Public Prosecutor for the State respondent No.

1.

The applicant has filed this application under Section 389 Cr.P.C. with a prayer for granting bail till disposal of the criminal appeal.

I have considered the submissions at the Bar.

It is submitted that there is every possibility that the applicant will be acquitted from this case. The applicant has preferred an appeal challenging the judgment and order dated 15.11.2022 passed by the learned Addl. Sessions Judge (FTC), Barpeta in Sessions Case No. 205/2021. The FIR was lodged on 01.09.2021 and the judgment was delivered on 15.11.2022.

I have considered the submissions of the learned counsel for the applicant that the applicant had co-operated with the investigation and trial in connection with Sessions Case No. 205/2021. The applicant is behind the bar since 15.11.2022.

Considering the entire aspect of the matter, the applicant is enlarged on bail of Rs. 25,000/- with one suitable surety of the like amount to the satisfaction of the learned trial court.

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The prayer of the suspension of sentence is allowed till the disposal of the appeal.

The I.A. stands disposed of.

JUDGE

Comparing Assistant