Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 4656 Gua

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GAHC010240992023




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

                         Case No. : I.A.(Crl.)/1027/2023



         ROHAM ALI AND 2 ORS.
         S/O LATE INNAS ALI
         RESIDENT OF BHADAIPARA
         PS ABHAYAPURI
         DIST BONGAIGAON
         ASSAM

         2: SARBESH ALI @ SARAB
         S/O HASMAT ALI
          RESIDENT OF BHADAIPARA
          PS ABHAYAPURI
          DIST BONGAIGAON
         ASSAM

         3: BADSHA MIA
         S/O LATE SURUTZZAMAL
         RESIDENT OF BHADAIPARA
         PS ABHAYAPURI
         DIST BONGAIGAON
         ASSAM
         VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY PP ASSAM

         2:JAHURA KHATUN
         W/O HARMUJ ALI
          RESIDENT OF VILLAGE BHERALIPRA PART I
          PS MERERCHAR
          DIST BONGAIGAON
         ASSAM
          ------------
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             Advocate for : MR H R A CHOUDHURY
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                    BEFORE
                       HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                            ORDER

17.11.2023

Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. Z. Hussain, learned counsel for the applicants and Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

2. In this interlocutory application, under Section 389 of the Cr.P.C., the applicants have prayed for suspension of sentence and for allowing them to go on bail, which was handed down vide judgment and order dated 18.09.2023, passed by the learned Addl. Sessions Judge [FTC], North Salmara, Abhayapuri in Sessions case No. 42[A]/2016.

3. It is to be noted here that vide impugned judgment and order dated 18.09.2023, the learned court below has convicted the appellants under Sections 326/34 of the IPC and sentenced them to suffer RI for 10 years and also to pay a fine of Rs. 50,000/- with default stipulation.

4. The connected appeal has already been admitted and the record has already been called for.

5. Let notice be issued to the respondent No. 2, within a week from today, returnable in 3 weeks, by registered post with A/D and also by usual process. As Mr. Das has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

6. Mr. Das, learned Addl. P.P. submits that as the punishment imposed upon the applicants is 10 years, he may be granted an opportunity to file objection to the present interlocutory application.

7. The prayer is allowed.

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8. List the matter after 3 [three] weeks.

JUDGE

Comparing Assistant