Shyamal Bhowmick vs The State Of Assam And Anr
2023 Latest Caselaw 1351 Gua

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GAHC010011942023




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

                                  Case No. : I.A.(Crl.)/52/2023

            SHYAMAL BHOWMICK
            S/O LATE RAKHAL BHOWMICK, VILL.- CHUNGAPUTA, P.O.-
            BONGAIGAON, P.S.- BONGAIGAON, DIST.- BONGAIGAON, ASSAM.

            VERSUS

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

            2:BABY SAHA
             W/O ANUP KUMAR SAHA
            R/O OFFICERS COLONY
             RLY QUARTER NO. R/109/B
            P.O.- BONGAIGAON
            P.S.- BONGAIGAON
             DIST.- BONGAIGAON ASSAM

Advocate for the Petitioner   : MR. N N JHA

Advocate for the Respondent : PP, ASSAM

             Linked Case : Crl.A./17/2023

            SHYAMAL BHOWMICK
            S/O LATE RAKHAL BHOWMICK
            VILL.- CHUNGAPUTA
            P.O.- BONGAIGAON
            P.S.- BONGAIGAON
            DIST.- BONGAIGAON
            ASSAM.

             VERSUS

            THE STATE OF ASSAM AND ANR.REP. BY PUBLIC PROSECUTOR.
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             2:BABY SAHA
             W/O ANUP KUMAR SAHA
              R/O OFFICERS COLONY
              RLY QUARTER NO. R/109/B
              P.O.- BONGAIGAON
              P.S.- BONGAIGAON
              DIST.- BONGAIGAON
             ASSAM.
              ------------
             Advocate for : MR. N N JHA
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

Date : 31.03.2023

Heard Mr. N. N. Jha, learned counsel for the applicant/ appellant as well as Mr. R. J. Baruah, learned Addl. P.P., Assam appearing for the State respondent.

By this interlocutory application under Section 389 Cr.P.C., the applicant/appellant has prayed for suspension of sentence, vide impugned judgment and order, dated 15.11.2022, passed by the learned Special Judge, Bongaigaon in Special (P) Case No. 7(BGN) of 2022 and to allow him to go on bail.

On hearing the learned counsel for both sides and perusal of the impugned judgment and order, dated 15.11.2022, passed by the learned Special Judge, Bongaigaon in Special (P) Case No. 7(BGN) of 2022, it is provided that the operation of the sentence passed therein shall remain stayed till disposal of the connected Criminal Appeal No. 17/2023 and till then, the applicant/appellant is directed to be released on bail of Rs.

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40,000/- with one surety of the like amount to the satisfaction of the committal Court.

With the above directions, the Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant