Gauhati High Court
Page No.# 1/3 vs The State Of Assam And 2 Ors on 19 September, 2023
Page No.# 1/3
GAHC010199612023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./343/2023
RAJAT UZIR AND ANR.
S/O LATE PHANIDHAR UZIR,
VILL.- PUB RAMPUR IN THE DISTRICT OF BAKSA, ASSAM, PIN- 781377.
2: LEM BORO UZIR @ LAME BORO UZIR
VILL.- PUB RAMPUR IN THE DISTICT OF BAKSA
ASSAM
PIN- 781337
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE P.P., ASSAM.
2:GALAN RAMCHIARY
S/O SRI GULI RAMCHIARY
VILL.- PUB RAMPUR IN THE DISTRICT OF BAKSA
ASSAM
PIN- 781377.
3:KHANIN BORO
S/O DHANSADHAR BORO
VILL.- PUB RAMPUR
DIST.- BAKSA
ASSAM
PIN- 781377
Advocate for the Petitioner : MR. A BORO
Advocate for the Respondent : PP, ASSAM
Page No.# 2/3
Linked Case : I.A.(Crl.)/872/2023
RAJAT UZIR AND ANR.
S/O LATE PHANIDHAR UZIR
VILL.- PUB RAMPUR IN THE DISTRICT OF BAKSA
ASSAM
PIN- 781377.
2: LEM BORO UZIR @ LAME BORO UZIR
VILL.- PUB RAMPUR IN THE DISTICT OF BAKSA
ASSAM
PIN- 781337.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE P.P.
ASSAM.
2:GALAN RAMCHIARY
S/O SRI GULI RAMCHIARY
VILL.- PUB RAMPUR IN THE DISTRICT OF BAKSA
ASSAM
PIN- 781377.
3:KHANIN BORO
S/O DHANSADHAR BORO
VILL.- PUB RAMPUR
DIST.- BAKSA
ASSAM
PIN- 781377.
------------
Advocate for : MR. A BORO
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : --19.09.2023
Heard Mr. A. Boro, learned counsel appearing for the applicants. Also heard Mr. Mr. B.B. Gogoi,
learned Addl. P.P. for the State respondent.
Page No.# 3/3
This application under Section 389(2) of the Cr.P.C. 1973 has been filed for suspension of execution of
sentence and stay of realisation of fine and allowing the accused/ petitioner to remain on previous bail
till disposal of the criminal appeal.
It is submitted by the learned counsel for the applicant that the connected appeal has been preferred
against the judgment and order dated 03.08.2023. It is submitted that during the pendency of the trial
the applicants were on bail and abide by the conditions of the bail. However, as the applicants/
petitioners are on previous bail there id no chance of absconding and accordingly they may be allowed
to remain on previous bail till disposal of the appeal.
In this context, the learned Addl. P.P. has submitted that the case was earlier under Section 302 Cr.P.C.
but subsequently, the case of the applicants were converted to under Section 304 Part-II/34 of the IPC
and sentenced to undergo imprisonment for 3 years under Section 304 Part-II/34 of the IPC and hence,
learned Addl. P.P. submits that considering the sentence imposed on the applicants, they may be
allowed to remain on previous bail.
After hearing learned counsel appearing for both the parties and considering entire aspect of the matter,
the operation of the impugned sentence passed in Sessions Case No. 149/2018 under Sections 304 Part-
II/323/34 of the IPC, is stayed/ suspended and the applicants are allowed to remain on previous bail till
disposal of the appeal.
With the above, this I.A.(Crl.) is disposed of.
JUDGE
Comparing Assistant
