Page No.# 1/4 vs The State Of Assam And Anr
2023 Latest Caselaw 3560 Gua

                                                         Page No.# 1/4

GAHC010188852023




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



                        Case No : I.A.(Crl.)/809/2023

         LIPAMUNGO ODYUO AND 4 ORS
         S/O LICHUMO ODYUO
         RESIDENT OF DIMAPUR
         NAGALAND.

         2: SHRI ORENTHUNG JAMI
         S/O PHYOBEMO JAMI

         RESIDENT OF DIMAPUR
         NAGALAND.

         3: SHRI MHONJAN ODYUO
         S/O THUNGCHI ODYUO

         RESIDENT OF DIMAPUR
         NAGALAND.

         4: SHRI JONTHUNGO ODYUO
         S/O YISAMO ODYUO

         RESIDENT OF DIMAPUR
         NAGALAND.

         5: SHRI STEBHEM @ STEPHEN MURRY
         S/O EZAN MURRY

         RESIDENT OF DIMAPUR
         NAGALAND.
         VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY SPECIAL PP ASSAM
                                                    Page No.# 2/4


2:SHRI SUNDORSING TERON
FOREST BEAT OFFICER
 LAHORIJAN BEAT KARBI ANGLONG (WEST ) DIVISION
 DIPHU
 KARBI ANGLONG.ASSAM
 ------------

Advocate for : MR N Z LOTHA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. IN Case No. : Crl.A./324/2023

LIPAMUNGO ODYUO AND 4 ORS S/O LICHUMO ODYUO, L RESIDENT OF DIMAPUR, NAGALAND.

2: SHRI ORENTHUNG JAMI S/O PHYOBEMO JAMI

RESIDENT OF DIMAPUR NAGALAND.

3: SHRI MHONJAN ODYUO S/O THUNGCHI ODYUO

RESIDENT OF DIMAPUR NAGALAND.

4: SHRI JONTHUNGO ODYUO S/O YISAMO ODYUO

RESIDENT OF DIMAPUR NAGALAND.

5: SHRI STEBHEM @ STEPHEN MURRY S/O EZAN MURRY

RESIDENT OF DIMAPUR NAGALAND

VERSUS

THE STATE OF ASSAM AND ANR.

REPRESENTED BY SPECIAL PP ASSAM

2:SHRI SUNDORSING TERON FOREST BEAT OFFICER Page No.# 3/4

LAHORIJAN BEAT KARBI ANGLONG (WEST ) DIVISION DIPHU KARBI ANGLONG.ASSA

Advocate for the Petitioner : MR N Z LOTHA

Advocate for the Respondent : PP, ASSAM

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

07.09.2023

Heard Mr. N. Z. Lotha, learned counsel for the appellants. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam.

This is an application under Section 389 of the Code of Criminal Procedure, 1973 praying for allowing the accused/applicants to remain on previous bail and also for suspension of the impugned judgment and conviction dated 07.07.2023 and order on sentence dated 07.07.2023 passed by the learned Special Judge, Wildlife, Karbi Anglong in the Special Wildlife (Protection) Case No. 1/2023 arising out of C.R. Case No. 934/2017, whereby the appellants were held guilty for the offence under Section 29 of the Wildlife Act 1972, punishable under Section 51(1) of the said Act and the 5 (five) appellants were sentenced to a simple imprisonment of 1 (one) year and to pay a fine of Rs. 10,000/- only each and in default simple imprisonment for another 1 month, with the benefit of Section 428 Cr.P.C.

The connected appeal has already been admitted.

Page No.# 4/4

Considered the materials available on record including the grounds of appeal, period of sentence, it is provided that the applicants shall be allowed to remain on previous bail granted by the learned Court below.

This Interlocutory Application (Crl) stands disposed of.

JUDGE

Comparing Assistant