Samsul Haque Laskar vs The State Of Assam And Anr
2023 Latest Caselaw 2527 Gua

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GAHC010083332023




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

                                 Case No. : Crl.A./160/2023

            SAMSUL HAQUE LASKAR
            S/O LATE HARUSH ALI LASKAR,
            VILL.- NITAINAGAR PART- II,
            P.S.- HAILAKANDI, DIST.- HAILAKANDI, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REP. BY THE P.P., ASSAM.

            2:EKRAMUL HAUQUE LASKAR
             S/O LATE HARIS ALI LASKAR
            VILL.- NITAINAGAR PART- II
             P.S.- HAILAKANDI
             DIST.- HAILAKANDI
            ASSAM

Advocate for the Petitioner   : MR. A M BARBHUIYA

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 15.06.2023 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

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This appeal is preferred under Section 374(2) of the Code of Criminal Procedure impugning the judgment dated 08.02.2023 passed by learned Additional Sessions Judge, Hailakandi in Sessions Case No. 51/2019 whereby the present appellant was acquitted of charges under Section 294/307 of IPC. However, he was convicted under Section 448/323 of IPC and was released on probation under the Probation of Offenders Act, 1958.

By the impugned judgment, he was directed to pay a compensation of Rs.10,000/- to the victim. A question of maintainability was raised on the last occasion i.e. 14.06.2023.

The learned counsel for the petitioner has submitted as he has also impugned the conviction of the present appellant, the present appeal is maintainable.

On the other hand, the learned Additional Public Prosecutor cited a ruling of Hon'ble Delhi High Court in Haji MOhd. Bashir and ors. -Vs- State and Ors . reported in MANU/DE/3995/2012 wherein the facts of the case similar to the present case, was taken up and the appeal was heard in that case.

Learned Additional Public Prosecutor also submits that in the circumstances the appeal may be admitted.

Considering the submissions of the learned counsel for both sides, finding no statutory bar regarding the maintainability of the present appeal, the appeal is admitted for hearing.

Let the LCR be called for.

Issue notice to the respondents.

As Ms. S. Jahan, learned Additional Public Prosecutor has already appeared, Page No.# 3/3

no separate notice need to be issued to respondent No. 1.

The appellant shall take steps for issuance of notice on respondent No. 2 by registered post with A/D within seven days from today, returnable within 4(four) weeks.

Let this appeal be listed after 4(four) weeks for hearing.

JUDGE

Comparing Assistant