Jugen Baruah @ Crp Baruah vs The State Of Assam And Anr
2023 Latest Caselaw 2008 Gua

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GAHC010077142023




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

                             Case No. : I.A(Crl)/386/2023


            JUGEN BARUAH @ CRP BARUAH
            S/O JOGAT BARUAH
             R/O CAWREKHIA GAON
             P.S.- JENGARAIMUKH
             DIST.- MAJULI
             ASSAM.


            VERSUS

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

            2:BISHAL DOLEY
            S/O LT. UPENDRA DOLEY
            VILL.- NAMONI GEZERA
             P.S.- JENGAIRAIMUKH
             DIST.- MAJULI
            ASSAM.
             ------------
            Advocate for : MR J PAYENG
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.




                                 BEFORE
              HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                      ORDER

Date : 16.05.2023

Heard Mr. J Payeng, learned counsel for the applicant and Mr. Page No.# 2/3

P Borthakur, learned Addl. PP, appearing for the State respondent No.1.

The applicant has filed this application under section 389(2) for suspension of sentence and stay of realization of fine vide the judgment dated 17.03.2023 passed by the learned Sessions Judge, Majuli in Sessions Case No.88(JM)/2019, whereby the applicant was convicted under section 447 IPC and sentenced to Simple imprisonment for 15 days with a fine of Rs.500/- with default stipulation and under section 325 IPC sentenced to undergo rigorous imprisonment for 4 (four) years and to pay a fine of Rs.20,000/- with default stipulation.

It is submitted that there is every probability that the applicant will be acquitted from the charges. The applicant has prayed to be released on bail during the pendency of the appeal.

It is submitted that the prosecution has failed to prove this case beyond all reasonable doubt. The M.O has clearly stated that injuries sustained were simple in nature but the applicant was convicted for offence of grievous hurt.

I have considered the submissions at the bar with circumspection.

The applicant is enlarged on bail of Rs.50,000/- with a suitable surety of the like amount to the satisfaction of the trial Court and the trial Court may impose conditions as it deems fit and proper.

The impugned order of conviction and sentence dated17.03.2023 passed by the learned Sessions Judge, Majuli in Sessions Case No.88(JM)/2019 is suspended until further orders.

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In terms of the above observations, the I.A stands disposed of.

JUDGE

Comparing Assistant