Tankeswar Boruah vs The State Of Assam
2023 Latest Caselaw 242 Gua

                                                                       Page No.# 1/3

GAHC010007612023




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



            I.A.(Crl.)/32/2023

            TANKESWAR BORUAH
            SON OF LATE GUNA RAM BORUAH
            R/O DARIGOJI
            P.S. KALIABOR
             DIST. NAGAON
            ASSAM
             PIN-782138


            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP
            ASSAM


            ------------
            Advocate for : MR. A J SARMA
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM



                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                      ORDER

Date : 23.01.2023

Heard Mr. A. J. Sarma, learned counsel for the applicant and Mr. K. K. Parashar, learned Addl. PP for the State of Assam.

Page No.# 2/3

It is submitted by the learned counsel for the applicant that they have already preferred a Criminal Revision Petition against the order passed by the learned Addl. Sessions Judge No.3, Nagaon, whereby the learned Court below affirmed the Judgment and Order, dated 01.10.2021 passed in G. R. Case No.1382/2007 passed by the learned CJM, Nagaon convicting the accused appellant under Section 406 IPC. The impugned judgment and order passed by the learned Court below as well as the appellate Court acting perversely without appreciating the materials on record in its true perspective has passed the impugned judgment and order mechanically. Both the learned Court below committed material irregularity and illegality and has passed the impugned judgment and order which is likely to be set aside and quashed by this Court.

The grounds which are taken in the Criminal Revision petition are the good grounds and the applicant genuinely believes that there is ever possibility of allowing the revision petition.

The learned Court below granted ad-interim stay of the operation of the Judgment and Order, dated 01.10.2007 passed by the learned CJM, Nagaon and unless the ad-interim stay granted by the learned Court below is not extended, the applicant suffer irreparable loss and injury. The applicant is willing to abide by all the conditions so imposed while extending the privilege of bail and further undertakes that he will not take any undue advantage of the same. At the time of passing the judgment, the applicant appeared before the CJM, Nagaon and filed an application so as to enable him to remain on previous bail on 26.10.2022 and Page No.# 3/3

accordingly, he was allowed to remain on previous bail vide order, dated 26.10.2022. However, he was directed to appear before the Court on 25.11.2022.

Accordingly, the learned Advocate appearing on behalf of the petitioner prayed for suspension of the sentence passed by the learned CJM, Nagaon as well as by the learned Appellate Court and to stay the operation of impugned judgment and order, dated 13.10.2022 allowing the present applicant to remain on previous bail.

Considering the submission of the learned counsel for both the sides and also considering the entire circumstance of the case, the prayer for suspension of sentence is allowed and accordingly, the applicant is allowed to remain on previous bail till disposal of the connected Criminal Revision Petition.

JUDGE

Comparing Assistant