Aktar Ali vs The State Of Assam And Anr
2023 Latest Caselaw 3686 Gua

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GAHC010127592023




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

                                 Case No. : I.A.(Crl.)/494/2023

            AKTAR ALI
            S/O SAHER UDDIN SK.,
            VILL.- KHUDIMARI PART- II, P.S.- GAURIPUR, DIST.- DHUBRI, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MUST. KASEMA BIBI
            W/O RAHIMUDDIN SK.
             R/O VILL-KHUDIMARI PART-II
             P.S.-GAURIPUR
             DIST- DHUBRI
            ASSAM
             PIN-78333

Advocate for the Petitioner   : MR. A RAHMAN

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./184/2023

            AKTAR ALI
            S/O SAHER UDDIN SK.

            VILL.- KHUDIMARI PART- II
            P.S.- GAURIPUR
                                                                     Page No.# 2/3

             DIST.- DHUBRI
             ASSAM.


             VERSUS

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

             2:MUST. KASEMA BIBI
             W/O RAHIMUDDIN SK.

             VILL.- KHUDIMARI PART- II
             P.S.- GAURIPUR
             DIST.- DHUBRI
             ASSAM
             PIN- 783331.
             ------------

Advocate for : MR. A RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order 13.09.2023

Perused the office note dated 16.08.2023 and the service report from the learned Chief Judicial Magistrate, Dhubri.

In view of the report of the learned CJM, Dhubri, the service in respect of the respondent No. 2 is complete.

Accordingly, this matter is ready as regard service. LCR has also been received.

The present application is filed under Section 389(2) of Cr.P.C. for Page No.# 3/3

suspending the execution of sentence and order of conviction and to release the accused/appellant in bail who is in jail in connection with the judgment and order dated 29.04.2023 passed in Sessions Case No. 341/2018 by the learned Assistant Sessions Judge, Dhubri, whereby the accused/appellant has been convicted under Section 370(2)/34 of IPC and sentenced to undergo R.I. for 7 years and to fine of Rs. 50,000/- and i.d. to S.I. for another 3 months.

As the service is recently been completed, let this matter be listed on 18.10.2023.

In the meantime, the learned Additional Public Prosecutor for the State of Assam shall go through the records.

The present application shall be considered on the next date fixed.

JUDGE

Comparing Assistant