Md. Prince Mustak vs The State Of Assam
2023 Latest Caselaw 691 Gua

                                                                                     Page No.# 1/2

GAHC010035382023




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

                                    Case No. : Crl.A./58/2023

            MD. PRINCE MUSTAK
            S/O MD. NAUSHAD ALI,
            VILL.- AADHAKUNDAA,
            P.O. AND P.S.- JURIA,
            DIST.- NAGAON, ASSAM, PIN- 782124.



            VERSUS

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



Advocate for the Petitioner   : MR. M K CHOUDHURY

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Order 22-02-2023

Heard Mr. M.H. Choudhury, learned Senior Counsel assisted by Mr. T.L. Choudhury, learned counsel for the appellant. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam.

Learned Senior Counsel for the appellant has prayed for suspension of sentence of the impugned judgment and order dated 20.01.2023 passed in Sessions (T2) Case No.156/2015 by Page No.# 2/2

the learned Additional Sessions Judge No.2, Nagaon, convicting the appellant Md. Prince Mustak under Section 436 IPC to undergo rigorous imprisonment for 3 years and a fine of Rs.10,000/- with default stipulation and under Section 427 IPC to undergo simple imprisonment for 2 months and fine of Rs.5,000/- with default stipulation.

Learned Additional P.P. has accepted notice on behalf of the respondent no.1 and also received the copy of the appeal memo.

I have considered the submissions at the Bar.

Prayer for suspension of sentence is allowed.

Operation of the impugned judgment and order dated 20.01.2023 passed in Sessions (T2) Case No.156/2015 by the learned Additional Session Judge No.2, Nagaon is stayed and the sentence is suspended till disposal of the appeal

Appeal is admitted.

Call for the LCR.

List the matter on 21.03.2023.

JUDGE

Comparing Assistant