Julon Baruah @ Kachu vs The State Of Assam And Anr
2023 Latest Caselaw 3929 Gua

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GAHC010210742023




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

                                 Case No. : Crl.A./357/2023

           JULON BARUAH @ KACHU
           S/O SRI LOHIR BARUAH,
           VILL.- BAHBARI, DEKACHUBURI, P.O.- BINDUKURI, UNDER TEZPUR
           POLICE STATION IN THE DISTRICT OF SONITPUR, ASSAM, PIN- 784502.


           VERSUS

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

           2:SIMA DAS
           W/O SRI JITU MISHRA

           VILL.- BAHBARI
           UNDER TEZPUR POLICE STATION IN THE DISTRICT OF SONITPUR
           ASSAM
           PIN- 784502

Advocate for the Petitioner : MR. N AHMED
Advocate for the Respondent : PP, ASSAM

           Linked Case : I.A.(Crl.)/901/2023

           JULON BARUAH @ KACHU
           S/O SRI LOHIR BARUAH
            VILL.- BAHBARI
            DEKACHUBURI
            P.O.- BINDUKURI
            UNDER TEZPUR POLICE STATION IN THE DISTRICT OF SONITPUR
            ASSAM
            PIN- 784502.
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             VERSUS

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

             2:SIMA DAS
             W/O SRI JITU MISHRA

             VILL.- BAHBARI
             UNDER TEZPUR POLICE STATION IN THE DISTRICT OF SONITPUR
             ASSAM
             PIN- 784502.
             ------------
             Advocate for : MR. N AHMED
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                    BEFORE
                       HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                             ORDER

Date : 25.09.2023 Heard Mr. N. Ahmed, learned counsel for the applicant and also heard Mr. D. Das, learned Addl. P.P. for the State respondent No.1 This application u/s 389 of Cr.P.C. is preferred by the applicant, Shri Julon Baruah @ Kachua for suspension of sentence and to release the applicant on bail. It is to be noted herein that vide judgment and order dated 10.8.2023 , the learned Court below has convicted the applicant u/s 376 IPC and sentenced him to suffer rigorous imprisonment for ten years and also to pay a fine of Rs. 10,000/- with default stipulation. Perused the petition and the documents placed on record. The connected appeal has already been admitted and the record has already been called for from the learned Court below.

Let notice be issued to the respondent No.2 returnable in four weeks. Steps be taken upon respondent No.2 by registered post and also by usual process within a week from today.

However, no formal notice is required to be issued to respondent No.1, since Mr. D. Das, learned Addl. P.P. appeared and accepted notice. However, extra requisite copy of the petition Page No.# 3/3

be furnished to him during the course of the day.

List the matter after four weeks.

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

JUDGE

Comparing Assistant