Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 4029 Gua

                                                         Page No.# 1/3

GAHC010219392023




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

                        Case No. : I.A.(Crl.)/930/2023


         HUNU MODI @ HANU MODI AND 2 ORS.
         S/O SHRI KULAI MODI
         R/O BORHOLLA BOC LINE
         P.S.- BORHOLLA
         DIST.- JORHAT
         ASSAM
         PIN- 785014.

         2: ARUP NAGBONSHI
         S/O SHRI BARUAH NAGBONSHI

         R/O BORHOLLA BOC LINE
         P.S.- BORHOLLA
         DIST.- JORHAT
         ASSAM
         PIN- 785014.

         3: KISHAN NAGBONSHI
         S/O SHRI PADMA NAGBONSHI

         R/O BORHOLLA BOC LINE
         P.S.- BORHOLLA
         DIST.- JORHAT
         ASSAM
         PIN- 785014.
         VERSUS

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

         2:DIPALI MODI
         W/O SHRI PHAGU MODI

         R/O BORHOLLA BOC LINE
                                                                      Page No.# 2/3

          P.S.- BORHOLLA
          DIST.- JORHAT
          ASSAM
          PIN- 785014.
          ------------
          Advocate for : MR. S SARMA
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                    ORDER

Date : 28.09.2023

This interlocutory Application has been filed by the applicant praying for suspension of sentence imposed on the applicants namely, (1) Hunu Modi @ Hanu Modi, (2) Arup Nagbonshi, and (3) Kishan Nagbonshi by the judgment dated 24.07.2023 passed by learned Sessions Judge, Jorhat in Sessions Case No. 133 (JT)/2018.

The said judgment has been impugned in the connected appeal filed by the present applicants namely Criminal Appeal No. 370/2023.

It is also submitted that the present applicants are on bail granted by the learned Sessions Judge, Jorhat while convicting them by the impugned judgment. As the sentence imposed on the application is for a limited period of three years only, there are good grounds for appeal, the prayer for suspension of sentence, during pendency of the Criminal Appeal No. 370/2023, is allowed and the sentence imposed by the learned Trial Court by the impugned judgment is hereby stayed till the pendency of the Criminal Appeal No. 370/2023, and the applicants are allowed to remain on previous bail.

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with the above observation, this Interlocutory Application is hereby disposed of.

JUDGE

Comparing Assistant