Dhananjoy Ray @ Dhano Ray vs The State Of Assam And Anr
2023 Latest Caselaw 2448 Gua

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GAHC010118142023




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

                                 Case No. : I.A.(Crl.)/463/2023

            DHANANJOY RAY @ DHANO RAY
            S/O LATE NAGENDRA NATH RAY
            RESIDENT OF VILLAGE DEBOTTAR HASDAHA PART 2, PS AND DIST
            DHUBRI, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:NILKANTA RAY
             S/O LATE KHAGENDRA NATH RAY RESIDENT OF VILLAGE DEBOTTAR
            HASDAHA PART 2
             PS AND DIST DHUBRI
            ASSAM

Advocate for the Petitioner   : MR S BORTHAKUR

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./26/2022

            DHANANJOY RAY @ DHANO RAY
            S/O LATE NAGENDRA NATH RAY
            RESIDENT OF VILLAGE DEBOTTAR HASDAHA PART 2
            PS AND DIST DHUBRI
            ASSAM.
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            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SRI NILKANTA RAY
            S/O LATE KHAGENDRA NATH RAY
            RESIDENT OF VILLAGE DEBOTTAR HASDAHA PART 2
             PS AND DIST DHUBRI
            ASSAM.
             ------------
            Advocate for : MR S BORTHAKUR
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                         BEFORE
            HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

09.06.2023

1. Heard Mr. S. Borthakur, learned counsel for the applicant/appellant as well as Mr. P.S. Lahkar, learned Addl. P.P. for the respondent no. 1. Also heard Ms. S. Borthakur, learned counsel appearing for the respondent no. 2.

2. This application has been filed by the applicant for early hearing of the appeal. The applicant has preferred the connected appeal being Criminal Appeal no. 26/2022 challenging the judgment and order dated 16.07.2021 passed by the learned Session Judge, Dhubri in Sessions Case No. 11/2019, corresponding to PRC No. 750/2019 convicting the applicant/appellant under Section 326 IPC to undergo rigorous imprisonment for 7(seven) years and to pay a fine of Rs. 50,000/- with default stipulation and under Section 457 IPC and sentencing him to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 25,000/- with default clause.

3. It is submitted that the appellant has a good case, but he is languishing in the jail as the appeal could not be heard on time. He is languishing in the jail for 2 years as the appeal Page No.# 3/3

has not been taken up for hearing.

4. After hearing both the sides, the prayer of the applicant for early hearing of the appeal is allowed.

5. With the above observations, this interlocutory application stands disposed of.

JUDGE

Comparing Assistant