Mijanur Rahman Mondal vs The State Of Assam And Anr
2023 Latest Caselaw 4757 Gua

Gauhati High Court

Mijanur Rahman Mondal vs The State Of Assam And Anr on 28 November, 2023

                                                                        Page No.# 1/2

GAHC010264622023




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

                                Case No. : Crl.Rev.P./503/2023

            MIJANUR RAHMAN MONDAL
            S/O TOJIMUDDIN MONDAL
            R/O VIL- BORAIBARI PART-IV, P.S. GAURIPUR, DIST. DHUBRI, ASSAM, PIN-
            783339



            VERSUS

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

            2:SHAJAHAN ALI MONDAL
             S/O NAYAN ALI MONDAL
            R/O VILL- ALOMGANJ PART-I

            P.S. GAURIPUR
             DIST. DHUBRI
            ASSAM
             PIN-78333

Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

Date : --28.11.2023 Page No.# 2/2

Heard Mr. L.R. Mazumder, learned counsel for the petitioner and Ms. A. Begum, learned Addl. P.P., Assam for respondent No. 1.

The learned Addl. P.P. has accepted notice on behalf of respondent No. 1 so, no formal notice is required to be issued to respondent No. 1. However, subsequent copies shall be furnished to the respondent No.1 during the course of the day.

Issue notice to respondent No. 2 through registered post with A/D returnable within 4 weeks.

Call for the LCR of G.R. Case No. 289 of 2014 and Criminal Case No. 25 of 2019 of the concerned Courts.

The petitioner has filed this application u/s 397 and 401 Cr.PC challenging the legality and propriety of the judgment and order dated 10.10.2023 passed by the learned Additional Sessions Judge, Dhubri in Criminal Case No. 25 of 2019 and the judgment and order dated 25.10.2019 passed by the learned SDJM(S), Dhubri in G.R. Case No. 289/2014. The petitioner has also prayed for suspension of sentence and bail. The petitioner is already on bail.

I have considered the submissions at the Bar. The orders dated 10.10.2023 in Criminal Case No. 25/2019 and the judgment and order dated 25.10.2019 in G.R. Case No. 289/2014 is stayed until further order. The petitioner is allowed to remain on previous bail.

List accordingly.

JUDGE

Comparing Assistant