Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 27 March, 2023
Page No.# 1/3
GAHC010057112023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A(Crl) 245/2023
KHAREN CH. BARMAN AND ANR.
S/O LATE MANGLU CH. BARMAN RESIDENT OF VILLAGE LAKHIMARI
PART III
PS GOLAKGANJ
DIST DHUBRI
ASSAM
2: ENAMUL HOQUE
S/O HASMAT ALI PARAMANIK
RESIDENT OF VILLAGE BARO CHARAIKHOLA
PS GOLAKGANJ
DIST DHUBRI ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP ASSAM
2:S I SHAHJAHAN ALI AHMED
S/O LATE ABDUR RASHID AHMED
RESIDENT OF HALAKURA PCP
PS GOLAKGANJ
DIST DHUBRI
ASSAM
------------
Advocate for : A W AMAN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
Page No.# 2/3
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 27.03.2023
Heard Mr. S Das, learned counsel for the applicants, namely,
1. Kharen Ch. Barman and 2. Enamul Hoque. Also heard Ms. SH
Bora, learned Addl. PP, appearing for the respondent Nos.1 and 2.
Ms. SH Bora, learned Addl. PP has accepted notice on behalf
of the respondent No.1 & 2 and has also received a copy of the
application.
The applicant has been convicted under section 13(1) of the
Assam Cattle Preservation (Amendment) Act, 2021 and sentenced to
undergo SI for 3 (three) years and to pay a fine of Rs.3,00,000/- with
default stipulation.
I have considered the submissions at the bar.
It is submitted that this is a case of smuggling cattle and
there is every possibility that the appellants will be acquitted from the
charges under which they were convicted.
The applicants had been behind the bars for 142 days. The
applicants have prayed for bail and suspension of the sentence
imposed upon them. The applicants have relied on a decision of the
Hon'ble Supreme Court in Kiran Kumar Vs. State of M.P reported in
MANU/SC/3530/2000, wherein it has been observed as follows:
"This Court has held in Bhagwanram Shinde and Ors. V. State
of Gujarat 1999 (39) ACC 302 (SC) that when a person is
convicted and sentenced to a short term imprisonment the
normal rule is that when his appeal is pending the sentence
should be suspended and rejection is only by way of exception
Page No.# 3/3
and be put forward for such rejection. In such case also every
endeavor should be made to have the appeal posted for early
hearing and disposal. It the short term sentence is allowed to
run out during the pendency of the appeal, the appeal itself
will become for all practical purposes, infructous so far as the
appellant is concerned. It does not mean that the appellate
court should suspend the sentence, if its consequences would
be dangerous to the society or any other similar difficulties"
Considering the submissions at the bar and in view of my
foregoing discussions, both the applicants are enlarged on bail of
Rs.30,000/- each with a suitable surety of the like amount to the
satisfaction of the trial Court under the conditions to be imposed by
the trial court which the court deems fit and proper.
The sentence of conviction vide impugned judgment and
order(s) dated 07.02.2023 and 08.02.2023 are suspended till disposal
of the appeal.
The I.A stands disposed of.
JUDGE
Comparing Assistant
