Page No.# 1/3 vs The State Of Assam
2023 Latest Caselaw 2156 Gua

                                                              Page No.# 1/3

GAHC010110542023




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

                                 Case : I.A.(Crl.)/415/2023
                               in Crl. Rev. P./ 205/ 2023

         MD. JAYNAL ABEDIN AND 2 ORS.
         S/O LATE SALMUDDIN
         VILL.- MAGURMARI
         P.S.- RUPAHIHAT
         DIST.- NAGAON
         ASSAM.

         2: MD. NURUL HOQUE
         S/O LATE INNUSH ALI

         VILL.- MAGURMARI

         P.S.- RUPAHIHAT
          DIST.- NAGAON
         ASSAM.

         3: MD. MOZIBUR RAHMAN
         S/O LATE AFSOR ALI

         VILL.- PASCHIM MUAMARI

         P.S.- RUPAHIHAT
          DIST.- NAGAON
         ASSAM.
          VERSUS

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

         2:MD. HAZARAT ALI
         S/O LATE ABDUL KARIM
                                                                      Page No.# 2/3

          VILL.- MAGURMARI

          P.S.- RUPAHIHAT
           DIST.- NAGAON
          ASSAM.
           ------------
          Advocate for : MR. P BORAH
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM



                              BEFORE
                 HONOURABLE MRS. JUSTICE MALASRI NANDI

                                    ORDER

Date : 24.05. 2023 Heard Mr. P. Borah, learned counsel for the applicants and Mr. P. Borthakur, learned Addl. PP for the State respondent No. 1.

This is an application filed by the applicants for stay of the operation of judgment and sentence dated 27.04.2023, passed by the learned Addl. Sessions Judge, No. 2, Nagaon in Crl. Appeal No. 93/2019 reversing the judgment and sentence dated 29.10.2019, passed by the learned SDJM (M), Kaliabor, Nagaon in G.R. Case No. 856/2012 (PRC No. 63/2013) under Sections 447/323/325/34 IPC whereby the accused/ applicants are directed to suffer rigorous imprisonment for 3 (three) months with fine of Rs. 500/- for the offence punishable under Section 447 IPC and in default of payment of fine to suffer simple imprisonment for 1 (one) month. Further it is directed that the accused/ applicants Joynal Abedin and Nurul Haque are also to suffer rigorous imprisonment for 6 (six) months with fine of Rs. 1000/- for the offence punishable under Sections 323/34 IPC and in default of payment of fine to suffer simple imprisonment for 1 (one) month and the convict Muzibur Rahman is sentenced to undergo rigorous imprisonment of 3 (three) months with fine of Page No.# 3/3

Rs. 1000/- for the offence punishable under Sections 323/34 IPC.

The learned Addl. PP has made no objection to stay of the operation of the judgment and sentence.

After hearing both sides as well as the nature of offence and conviction, sentence in connection with order dated 27.04.2023, passed by the learned Addl. Sessions Judge, No. 2, Nagaon in Crl. Appeal No. 93/2019 is hereby stayed till disposal of the criminal revision petition.

I.A. stands disposed of.

JUDGE

Comparing Assistant