Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 3973 Gua

                                                           Page No.# 1/3

GAHC010215572023




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

                         Case No. : I.A.(Crl.)/907/2023


         MD. AL ISLAM @ ALI ISLAM AND ANR.
         S/O LATE HAZARAT ALI
         R/O DABLONGTI
         P.S.- KACHUA
         DIST.- NAGAON
         ASSAM.

         2: MD. JAIBUR RAHMAN
         S/O MD. NUR ISLAM

         R/O DABLONGTI
         P.S.- KACHUA
         DIST.- NAGAON
         ASSAM.
         VERSUS

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

         2:ENAMUL HOQUE
         S/O AHMED HUSSAIN

         R/O DABLONGTI
         P.S.- KACHUA
         DIST.- NAGAON
         ASSAM
         PIN- 782425.
         ------------
         Advocate for : MR H R A CHOUDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                                                          Page No.# 2/3


                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 26.09.2023 Heard Mr. A. Ahmed, learned counsel for the applicants. Also heard Mr. S. H. Bora, learned Additional Public Prosecutor for the State.

This interlocutory application has been preferred by the applicants who have preferred a connected appeal, namely, Criminal Appeal No. 359/2023 wherein they have impugned the judgment of learned Additional Sessions Judge No. 2, Nagaon in Sessions (T2) Case No. 214/2017 whereby the present were convicted under Section 447/34 of IPC as well as under Section 324/34 of IPC were sentenced to undergo rigorous imprisonment for two months with a fine of Rs.500/- each and in default of payment of fine to undergo simple imprisonment for ten days each under Section 447/34 of IPC. The appellants were also sentenced to undergo rigorous imprisonment for two years with a fine of Rs.5,000/- each and in default of payment of fine to undergo simple imprisonment for one month each under Section 324/34.

The learned counsel for the applicants has submitted that by order dated 31.08.2023, the Trial Court had allowed the present applicants to remain on previous bail and suspended the sentence under Section 389 of the Code of Criminal Procedure. The learned counsel for the applicants has prayed for allowing the applicants to continue to remain on the previous bail granted by the Trial Court.

The learned Additional Public Prosecutor has not opposed the said prayer. Hence, operation of sentence imposed on the present applicants by the impugned order is suspended till pendency of the connected appeal and they are allowed to remain on previous bail.

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This interlocutory application is accordingly disposed of.

JUDGE

Comparing Assistant