Raju Yadav vs The State Of Assam And Anr
2023 Latest Caselaw 1066 Gua

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GAHC010030452023




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

                        Case No. : I.A.(Crl.)/208/2023


         RAJU YADAV
         S/O BHAGYA NATH YADAV R/O CHANADMARI GHAT DIBRUGARH P.O. P.S.
         AND DIST. DIBRUGARH
         ASSAM


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REP BY THE PP
         ASSAM

         2:UMESH KEJRIWAL
         S/O LT. INDER CHAND KEJRIWAL C/O ENGINEERING CHAMBER H.S. ROAD
         DIBRUGARH PS P.O. AND DIST. DIBARUGARH ASSAM
          ------------
         Advocate for : MR. A R SHOME
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                        BEFORE
         HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

Date : 17.03.2023

Heard Mr. A. R. Shome, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 389 of the Code of Criminal Procedure, 1973, praying for suspension of sentence and release the applicants on previous bail.

It is to be noted here that the applicant has already preferred one criminal revision petition, being Crl. Rev. P./114/2023, against the judgment and order dated 14.11.2022, passed by the learned Additional Sessions Judge (FTC), Dibrugarh, in Criminal Appeal No. 23(3)/2021, whereby, the learned Court below affirmed the judgment and order dated 27.06.2019, passed by the learned Judicial Magistrate First Class, Dibrugarh, in G.R. Case No. 2343/2014, convicting the applicant under Section 379 of the Indian Penal Code and thereby sentenced him to undergo S.I. for 3 (three) months.

The said revision petition, being Crl. Rev. P./114/2023, has already been admitted and the record has already been called for.

Considering the submissions of learned counsels of both sides and also considering the facts and circumstances on the record and the grounds taken in Page No.# 3/3

the revision petition, I find it appropriate to allow this interlocutory application. Accordingly, the operation of the impugned judgment and order dated 14.11.2022, passed by the learned Additional Sessions Judge (FTC), Dibrugarh, in Criminal Appeal No. 23(3)/2021, and also the impugned judgment and order dated 27.06.2019, passed by the learned Judicial Magistrate First Class, Dibrugarh, in G.R. Case No. 2343/2014, stands stayed/suspended till disposal of the revision petition, being Crl. Rev. P./114/2023.

Further, the applicant is allowed to go on bail on his executing a bond of Rs. 15,000/- (Rupees fifteen thousand) only with one surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Dibrugarh.

In terms of above, this interlocutory application stands disposed.

JUDGE

Comparing Assistant