Michael Jeckson Rabha vs The State Of Assam And Anr
2023 Latest Caselaw 3798 Gua

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GAHC010180482023




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

                      Case No. : I.A.(Crl.)/873/2023 in Crl.A./344/2023


          MICHAEL JECKSON RABHA
          S/O SRI DHIRENJYOTI RABHA
          VILL.- ROWMARI (BOROPARA)
          P.S.- DUDHNOI
          DIST..- GOALPARA
          ASSAM.

             VERSUS

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

          2:NOMILA SANGMA
          W/O SRI BOLIN MARAK
          VILL.- ROWMARI
           GAROPARA, P.S.- DUDHNOI
           DIST..- GOALPARA
          ASSAM.
           ------------
          Advocate for : MR. D K KOTHARI
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.

                                   BEFORE
                      HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

19.09.2023

Heard Mr. Y. Kothari, learned counsel for the applicant and also heard Mr. D. Das, Page No.# 2/2

learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

This interlocutory application under Section 389(2) of the Code of Criminal Procedure, 1973 is preferred by the applicant for suspension of sentence imposed vide judgment and order dated 15.06.2023 passed by the learned Special Judge, Goalpara, in Special (P) Case No.40/2016. It is to be noted here that vide impugned judgment and order dated 15.06.2023, the learned Court below has convicted the applicant under Section 363 and 342 IPC and sentenced him to suffer rigorous imprisonment for 3 years and also to pay a fine of Rs.2,000/- with default stipulation under Section 363 IPC and also sentenced him to suffer simple imprisonment for 2 months under Section under Section 342 IPC.

Mr. Kothari, learned counsel for the applicant submits that the learned Court below has already granted bail to the applicant and as such he may be allowed to remain on previous bail till disposal of the appeal.

Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the impugned judgment and order dated 15.06.2023.

Having considered the submission of learned Advocates of both sides and also considering the facts and circumstances of the record, the applicant is allowed to remain on previous bail till disposal of the criminal appeal.

In terms of above, this I.A. stands disposed of.

Sd/- Robin Phukan JUDGE

Comparing Assistant