Debo Prasad Barman @ Deba Prasad ... vs The State Of Assam And Anr
2023 Latest Caselaw 3863 Gua

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GAHC010196422023




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

                          Case No. : I.A.(Crl.)/845/2023

         DEBO PRASAD BARMAN @ DEBA PRASAD BARMAN
         S/O LT. DHARANIDHAR BARMAN
         R/O BAHIRA CHENGMARI
         P.S.- BONGAIGAON
         DIST.- BONGAIGAON
         ASSAM.


          VERSUS

         THE STATE OF ASSAM AND ANR.
         TO BE REP. BY THE LEARNED P.P.
         ASSAM.

         2:PRATIBHA SUTRADHAR
         W/O MAHENDRA SUTRADHAR
         VILL.- BAHIRA CHENGMARI
          P.S.- BONGAIGAON
          DIST.- BONGAIGAON
         ASSAM.
          ------------
         Advocate for : MR SARFRAZ NAWAZ
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                BEFORE
                   HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                    ORDER

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Heard Mr. S. Nawaz, learned counsel for the appellant and Mr. D. Das, learned Addl. P.P. for the State respondent.

This interlocutory application, under 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 10.07.2023, passed by the learned Special Judge, Bongaigaon in Special [P] Case No. 15[BGN]/2019, the learned court below has convicted the appellant under Section 376 of the IPC and sentenced him to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 3,000/- 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.

In the meantime, the learned Addl. P.P. may file objection if so advised.

JUDGE

Comparing Assistant