Pranab Sarma vs The State Of Assam And Anr
2023 Latest Caselaw 2327 Gua

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GAHC010108522023




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



                            Case : I.A.(Crl.)/452/2023


         PRANAB SARMA
         S/O PRATAB SARMA
         R/O PANIGAON
         P.O.- PANIGAON
         P.S.- BELSOR
         DIST.- NALBARI
         ASSAM.


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY THE PUBLIC PROSECUTOR.

         2:SADANANDA BARMAN
         S/O LATE RAM DAS BARMAN


         R/O PANI GAON

         P.O.- PANI GAON

         P.S.- BELSOR

         DIST.- NALBARI
         ASSAM
         PIN- 781303.
         ------------
         Advocate for : MR S BORTHAKUR
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : -02.06.2023 Heard Mr. S. Borthakur, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent No. 1.

This is an application under Section 389 Cr.P.C. filed by the petitioner for stay of the operation of the judgment and order dated 07.02.2023, passed by the learned Sessions Judge, Nalbari in Criminal appeal No. 09/ 2011 whereby upholding the judgment and order dated 22/03/2021, passed by the learned Judicial Magistrate, Ist Class, Nalbari in G.R. Case No. 657/2013 convicting the accused appellant and sentenced him to suffer simple imprisonment for a period of 1 (one) month and to pay fine of Rs. 8,00/-, in default to suffer simple imprisonment for 10 (ten) days for committing offence under Section 323/34 IPC and prays to remain on previous bail.

The petitioner is allowed to remain on previous bail.

The operation of the impugned order be stayed till disposal of the revision petition.

The I.A. stands disposed of.

JUDGE

Comparing Assistant