Abjal Husain Laskar vs The State Of Assam And Anr
2023 Latest Caselaw 903 Gua

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GAHC010045782023




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

                         Case No. : I.A.(Crl.)/172/2023


         ABJAL HUSAIN LASKAR
         S/O MD. SIRAJ UDDIN LASKAR
         VILL.- JHALNACHERRA
         P.S.- RAMNATHPUR
         DIST.- HAILAKANDI
         ASSAM.


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY THE LEARNED P.P.
         ASSAM.

         2:SUFANA BEGUM CHOUDHURY
         D/O MD. ALI ASKOR CHOUDHURY

         VILL.- JHALNACHERRA FOREST VILLAGE

         P.O.- JAMIRA

         P.S.- RAMNATHPUR

         PIN- 788162.
         ------------
         Advocate for : MR. N H BARBHUIYA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                        BEFORE
         HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : 09.03.2023

Heard Mr. N. H. Barbhuiya, learned counsel for the applicant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

This is an application under Section 389 of the Code of Criminal Procedure, 1973, praying for suspending the impugned judgment of conviction dated 18.01.2023, passed by the learned Additional Sessions Judge, Hailakandi, in Sessions Case No. 26/2020, convicting the applicant under Section 365 of the Indian Penal Code and sentenced him to undergo SI for 3 (three) years and to pay fine of Rs. 5,000/- in default to suffer SI for another 3 (three) months.

It is submitted by the learned counsel for the applicant, Mr. N. H. Barbhuiya, that the learned Additional Sessions Judge, Hailakandi, has passed the impugned judgment only on some wrong interpretation of the provisions of Section 365 of the Indian Penal Code and on misreading of evidences of the prosecution case. The grounds stated in the memorandum of appeal also discloses that the prosecution failed to prove the case against the present applicant beyond all reasonable doubt. Further it is submitted that there is every probability of succeeding the appeal and hence, it is prayed for suspension of sentence passed by the learned Additional Sessions Judge, Hailakandi, in Sessions Case No. 26/2020, and also prayed for allowing the applicant to go on fresh bail till disposal of the main appeal, being Crl. A./78/2023.

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On the other hand, the learned Additional Public Prosecutor, Mr. D. Das, raised no objection and submitted that the conviction is only for 3 (three) years and hence the applicant may be allowed to go on fresh bail by suspending the sentence.

Considering the submissions of learned counsels of both sides and also considering the entire aspects of the case and further considering the term of conviction, the present applicant is hereby allowed to go on fresh bail on his furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Additional Sessions Judge, Hailakandi, and the impugned judgment of conviction dated 18.01.2023, passed by the learned Additional Sessions Judge, Hailakandi, in Sessions Case No. 26/2020, convicting the present accused/applicant under Section 365 of the Indian Penal Code, stands stayed/suspended till disposal of the main appeal, being Crl. A./78/2023.

In terms of above, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant