Kishor Pathak @ Kamal Pathak vs The State Of Assam And Anr
2024 Latest Caselaw 5468 Gua

Gauhati High Court

Kishor Pathak @ Kamal Pathak vs The State Of Assam And Anr on 2 August, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                       Page No.# 1/2

GAHC010145772024




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

                                    Case No. : I.A.(Crl.)/694/2024

             KISHOR PATHAK @ KAMAL PATHAK
             S/O LATE HARGOBIND PATHAK, VILL.- BHAKATPARA, (DALONGPAR), P.S.-
             TAMULPUR, DIST.- BAKSA.

             VERSUS

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



Advocate for the Petitioner     : MR P DAS, A DAS,MR K J PATHAK

Advocate for the Respondent : PP, ASSAM,




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                               ORDER

Date : 02.08.2024 [Manish Choudhury, J]

Heard Mr. P. Das, learned counsel for the applicant-appellant and Ms. A. Begum, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

2. The instant application under Section 389, Code of Criminal Procedure, 1973 is filed seeking suspension of execution of the sentence passed against the applicant-appellant and for his release on Page No.# 2/2

bail. The applicant as the appellant has preferred the accompanying appeal under Section 374[2], CrPC to assail a Judgment and Order dated 22.05.2024 passed against him by the Court of learned Sessions Judge, Baksa, Mushalpur in Sessions Case no. 53/2019. By the Judgment and Order dated 22.05.2024, the learned trial court has convicted the applicant-appellant for the offence under Section 302, Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for 6 [six] months.

3. Issue notice, returnable in 4 [four] weeks.

4. As Ms. Begum, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, State of Assam, issuance of formal notice to the opposite party no. 1, stands dispensed with. However, an extra copy of the memo of appeal along with annexures, is to be furnished to Ms. Begum within 3 [three] working days from today.

5. The learned counsel for the applicant-appellant shall take steps for service of notice upon the opposite party no. 2 by registered post with A/D within 3 [three] working days from today.

6. The learned Additional Public Prosecutor is to file objection to the instant application on or before the returnable date.

7. List the case after 4 [four] weeks.

                                                                   JUDGE                          JUDGE




Comparing Assistant