Kali Munda vs The State Of Assam And Anr
2023 Latest Caselaw 3862 Gua

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GAHC010164122023




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

                          Case No. : I.A.(Crl.)/880/2023



         KALI MUNDA
         S/O-LT. SOMA MUNDA
         A RESIDENT OF VILL-NO.1 BHOLATAR
         P.O.-KALIKHOLA
         P.S.-DIMAKUCHI
         DIST.-UDALGURI
         ASSAM


          VERSUS

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

         2:SRI BANDHAN MUNDA
         S/O-LATE SOMA MUNDA
         A RESIDENT OF VILL-NO.1 BHOLATAR
          P.O.-KALIKHOLA
          P.S.-DIMAKUCHI
          DIST.-UDALGURI
         ASSAM
          ------------
         Advocate for : MS. L DEVI
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

20.09.2023

Heard Ms. L. Devi, learned counsel for the appellant and Mr. D. Das, learned Addl. P.P. for the State respondent.

This interlocutory application, under Section 439 read with Section 389 of the Cr.P.C., is preferred by the applicant for suspension of sentence and for granting bail.

It is to be noted here that vide judgment and order dated 11.12.2019, passed by the learned Addl. Sessions Judge, Udalguri in Sessions Case No. 59/2017, the learned court below has convicted and sentenced the appellant to undergo rigorous imprisonment for 7 years under Section 304 part II of the IPC and also to pay a fine of Rs. 5,000/- with default stipulation. It appears that the connected appeal has already been admitted for hearing and the record has already been called for.

In view of above, it is provided that the prayer of the applicant will be considered after perusing the record of the learned court below. List the matter after 4 weeks.

JUDGE

Comparing Assistant