Page No.# 1/2 vs The State Of Assam
2023 Latest Caselaw 1784 Gua

                                                          Page No.# 1/2

GAHC010085272023




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




          I.A.(Crl.)/323/2023

         MAHAMMAD ALI @ MAMUD AND 3 ORS.
         S/O LATE ABDUL HASSAN.

         2: AJIBUR RAHMAN
         S/O LATE HABIJUDDIN SEIKH.

         3: NUR ISLAM
         S/O JAMIRUDDIN SEIKH.

         4: ABDUL SIDDIQUE
         S/O MD. HASSAN

          ALL ARE RESIDENTS OF VILL.- NO. 2 BACHASIMOLU

         P.S.- DHEKIAJULI

         DIST.- SONITPUR
         ASSAM.
         VERSUS

         THE STATE OF ASSAM
         REP. BY P.P.
         ASSAM.


         ------------
         Advocate for : MR A. ALI
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
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                                   BEFORE
                HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                             ORDER

Date : --04.05.2023

Heard Mr. M. Ahmed, learned counsel for the appellant/applicants who have filed an application under Section 389 Cr.PC. Heard Mr. B. Sharma, Special PP, Wild Life Forest Department, Assam and Mr. P. Borthakur, learned Addl. P.P., Assam.

The applicants have prayed for suspension of the order of conviction and sentence vide judgment & order dated 27.03.2023 passed by the learned Additional Sessions Judge, Darrang at Mangaldai in Sessions Case No. 175(DM)/18(W/L) convicting the appellant/applicants namely, [1] Mahammad Ali @ Mamud [2] Ajibur Rahman [3] Nur Islam and [4] Abdul Siddique under Section 51 of the Wild Life (Protection) Act, 1972 and sentencing them to undergo Rigorous Imprisonment for 3 months and to pay a fine of Rs. 1,000/- each with default stipulation and also to remain on previous bail.

I have considered the submissions at the bar. The order of conviction and sentence of the impugned judgment & order dated 27.03.2023 passed by the learned Additional Sessions Judge, Darrang is hereby suspended until further orders and the applicants are allowed to remain on previous bail until further orders.

In terms of the above, the IA stands disposed of.

JUDGE

Comparing Assistant