Case No. : Crl.Rev.P./207/2023 vs The State Of Assam
2023 Latest Caselaw 2190 Gua

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GAHC010105862023




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

                             Case No. : Crl.Rev.P./207/2023
           LALIT KAIBARTA
           S/OLATE KHAGEN KAIBARTA
           R/O VILL- RAMPUR KHIDIR PHUKHURI
           P.O. RAMPUR
           P.S. RAMPUR,
           DIST. KAMRUP, ASSAM
           VERSUS
           THE STATE OF ASSAM
           REP. BY THE PP, ASSAM

Advocate for the Petitioner : MR. A AHMED
Advocate for the Respondent : PP, ASSAM


                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

Date : 25.05. 2023 Heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. PP for the State respondent.

This is an application under Section 397 read with Section 401 Cr.P.C. filed by the petitioner for correctness of the order dated 06.05..2023, passed by the learned Addl. Sessions Judge, Kamrup, Amingaon in Crl. Appeal No. 14/2023 rejecting the prayer of the petitioner to release him on bail during the pendency of the appeal.

I have perused the judgment of the trial court and judgment shows that Page No.# 2/2

the accused petitioner was convicted and sentenced to undergo rigorous imprisonment for 3 (three) years and to pay fine of Rs. 1000/- for commission of the offence under Section 324 IPC and in default to pay the fine, R.I for another 15 (fifteen) days vide judgment and order dated 05.09.2022, passed by the learned Addl. Chief Judicial Magistrate, Kamrup, Amingaon.

The learned counsel for the petitioner submits that the petitioner was arrested on 27.03.2022 and judgment was delivered on 05.09.2022 and during the entire period of trial, the petitioner was in jail. It transpires that the petitioner has completed the period of half of the sentence in jail hajat. Considering the length of detention, the petitioner may be released on bail.

The learned Addl. PP has made no objection on the prayer of the petitioner.

In view of the above submissions and considering the period of detention, prayer for bail is allowed. It is directed that the accused/ petitioner Sri Lalit Kaibarta be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) with 1 (one) local surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon.

Revision petition is disposed of.

JUDGE

Comparing Assistant