Debananda Saikia vs The State Of Assam
2023 Latest Caselaw 1861 Gua

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GAHC010089452023




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

                                Case No. : Crl.Rev.P./172/2023

             DEBANANDA SAIKIA
             S/O LT. DANDIRAM SAIKIA
             VILL- URIAMPARA,P.S. BIHPURIA
             DIST. LAKHIMPUR



             VERSUS

             THE STATE OF ASSAM
             REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

Date : --10.05.2023

1. Heard Mr. S. Dutta, learned counsel for the petitioner Debananda Saikia.

2. The petitioner has filed an application under Sections 401 read with Section 397 Cr.PC challenging the judgment & order dated 29.03.2023 passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Criminal Appeal No. 15(3)/2022 upholding the judgment and Page No.# 2/2

order dated 12.07.2022 passed by the learned Additional CJM, Lakhimpur convicting and sentencing the petitioner to undergo Simple Imprisonment for 1 year and to pay fine of Rs. 2,000/- only and in default of payment of said amount to suffer Simple Imprisonment for another 1 month for the offence u/s 420 of IPC and also sentencing him to undergo Simple Imprisonment for 1 year and to pay fine of Rs. 3,000/- and in default of payment of fine, to suffer Simple Imprisonment for 2 months for the offence u/s 468 of the IPC.

3. Heard Mr. P. Borthakur, learned Addl. PP for respondent.

4. The learned Addl. P.P. has received notice on behalf of the Respondent State of Assam, so no formal notice is required to be issued to respondent.

5. The learned counsel for the petitioner has prayed for suspension of the conviction and sentence vide the impugned order dated 12.07.2022 passed by the learned Additional CJM and also to stay the impugned order dated 29.03.2023 in Criminal Appeal No. 15(3)/2022.

6. The prayer for suspension of the conviction and sentence is allowed until further orders.

7. The learned counsel for the petitioner has also prayed for arraignment of the informant as respondent No. 2 and he has prayed to file a petition for the same.

8. Call for the LCR of Criminal Appeal No. 15(3)/2022 and G.R. Case No. 1251/2012.

List the matter on 14.06.2023.

JUDGE

Comparing Assistant