Gohit Das vs The State Of Assam And Anr
2023 Latest Caselaw 4736 Gua

Gauhati High Court

Gohit Das vs The State Of Assam And Anr on 24 November, 2023

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GAHC010246532023




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

                                        Case No. :



         I.A.(Crl.)/1127/2023

         GOHIT DAS
         S/O LATE LAKHIRAM DAS R/O SARAGURI KAIBARTA GOAN P.S.
         GAURISAGAR DIST. SIVASAGAR
         ASSAM


          VERSUS

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

         2:SMTI. BHABONA HAZARIKA
         W/O SRI JAYANTA HAZARIKA R/O SARAGURI KAIBORTA GOAN P.S.
         GAURISAGAR DIST. SIVASAGAR
         ASSAM
          ------------
         Advocate for : MR P KATAKI
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR

         In

         Crl.Rev.P. Case No. 500/2023
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                                     BEFORE

               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

24.11.2023

Heard Mr. P. Kataki, learned counsel for the applicant. This Interlocutory Application has been filed under Section 397 of the Code of Criminal Procedure, 1973 praying for suspension of the sentence imposed on the petitioner by the learned Sub-Divisional Magistrate, Sivasagar in G.R. Case No. 690/2017, whereby, the present petitioner was convicted under Section 448 of the Indian Penal Code and was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo simple imprisonment for seven days and also he was convicted under Section 354 of the Indian Penal Code and was sentenced to undergo simple imprisonment for 1 year and to pay a fine of Rs. 5,000 and in default to undergo simple imprisonment for 3 months under the said Section.

Learned counsel for the applicant had earlier preferred an appeal before the First Appellate Court that is the learned Special Judge, Sivasagar against the order of conviction and sentence passed by the learned Trial Court. However, the said appeal was dismissed.

Now the petitioner has preferred a Criminal Revision before this Court which has been registered as Criminal Revision Petition No. 500/2023, where both the order of the First Appellate Court, as well as Trial Court has been put to challenge.

Learned counsel for the applicant has submitted that though initially the charges were framed against the applicant under Section 354 during the trial, Page No.# 3/3

however he was convicted under Section 354 without affording any opportunity to make his submission regarding alteration of charges.

It is also submitted that there is a possibility of setting aside of the impugned judgments in the connected Criminal Revision and hence he has prayed for suspension of the sentence during pendency of the connected Criminal Revision.

Learned Additional Public Prosecutor does not opposes the prayer for suspension of the sentence during the pendency of the connected Criminal Revision in view of the fact that the sentence imposed on the present petitioner is for a limited duration for one year and in view of the provision for suspension in Section 397 of the Code of Criminal Procedure, 1973.

After considering the submissions made by the learned counsel for both the sides and after perusing the materials available on record, the prayer for suspension of the sentence during the pendency of the connected Criminal Revision Petition, that is Criminal Revision Petition No. 500/2023 is hereby allowed and the petitioner is allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned Sub-Divisional Magistrate, Sivasagar.

This Interlocutory Application is accordingly disposed of.

JUDGE

Comparing Assistant