Debajit Borah vs The State Of Assam And Anr
2023 Latest Caselaw 3742 Gua

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GAHC010021532015




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

                             Case No. : I.A./1606/2015




         DEBAJIT BORAH



          VERSUS

         THE STATE OF ASSAM AND ANR


         2:PUNA GOGOI
         S/O LT. D. GOGOI
          R/O MERAPANI
          P.S. MERAPANI
          DIST- GOLAGHAT
         ASSAM
          ------------
         Advocate for : MR.C CHAKRABORTY
         Advocate for : appearing for THE STATE OF ASSAM AND ANR
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                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

15.09.2023

Heard Mr. R. Hazarika, learned counsel for the applicant. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent.

This is an application filed for enlargement of the applicant on bail, pending disposal of the instant criminal revision petition and for the stay of the impugned Judgment dated 05.04.2014, passed by the learned Additional Chief Judicial Magistrate, Golaghat in G.R. Case No.138/2011 and also the Judgment dated 17.06.2015 passed in Criminal Appeal No.20/2014 by the learned Additional Session Judge, Golaghat upholding the aforesaid Judgment dated 05.04.2014.

It is submitted by the learned counsel for the applicant that the impugned judgment and order sentencing and convicting the applicant for three months simple imprisonment under Section 324 of IPC and to undergo one month simple imprisonment under Section 341 of IPC and therefore he prays for stay of the operation of the Judgment during the pendency of this revision petition by enlarging the applicant to remain on previous bail and suspension of sentence.

In this context, the learned Additional Public prosecutor has raised no objection in the prayer made by the learned counsel for the applicant.

Considering the submissions of the learned counsels of both sides, execution of sentence in G.R. Case No.138/2011 passed by the learned Page No.# 3/3

Additional Chief Judicial Magistrate, Golaghat and also the Judgment dated 17.06.2015 passed in Criminal Appeal No.20/2014 by the learned Additional Session Judge, Golaghat upholding the aforesaid Judgment dated 05.04.2014, registered under Sections 341/324 of the Cr.P.C, stands stayed till next returnable date and also allowed the applicant to remained on previous bail.

In terms of above, this interlocutory application stands disposed of.

JUDGE

Comparing Assistant