Ashis Kumar vs The State Of Assam And Anr
2024 Latest Caselaw 5495 Gua

Gauhati High Court

Ashis Kumar vs The State Of Assam And Anr on 2 August, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                   Page No.# 1/2

GAHC010133602024




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

                                 Case No. : I.A.(Crl.)/627/2024

            ASHIS KUMAR,
            S/O LATE ALBET KUMAR,
            VILL.- ORANGAJULI,
            P.S.- DIMAKUCHI,
            DIST.- UDALGURI, ASSAM.

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR, ASSAM

            2:LOK BAHADUR CHETRY

             S/O LATE RATNA BAHADUR CHETRY
             VILL.- NO. 2 BHOLATAR
             P.S.- DIMAKUCHI
             DIST.- UDALGURI
             ASSAM

Advocate for the Petitioner   : MR. B BARUAH,

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. B. Baruah, learned counsel for the applicant-appellant and Ms. B. Bhuyan, learned Page No.# 2/2

Senior Counsel & Additional Public Prosecutor assisted by Ms. M. Chakraborty, learned counsel for the opposite party no. 1, State of Assam.

2. The instant application is preferred under Section 389[1], Code of Criminal Procedure, 1973 seeking suspension of the execution of sentence passed against the applicant-appellant and for his release on bail. The applicant-appellant has preferred the accompanying appeal, CRL.A(J)/135/2023 to challenge a Judgment and Order dated 07.08.2023 passed by the Court of learned Special Judge, Udalguri in Special [POCSO] Case no. 64/2019 through a learned Legal Aid Counsel. Along with that accompanying appeal, CRL.A(J)/135/2023, the applicant-appellant is also found to be preferred an application under Section 389[1], CrPC seeking making a similar prayer for suspension of the execution of sentence passed against the applicant-appellant and for his release on bail. The said application under Section 389[1], CrPC has been registered as I.A.(Crl.)/1154/2023. The application, I.A.(Crl.)/1154/2023 is pending for consideration.

3. It is found that instant interlocutory application under Section 389[1], CrPC has been filed by the applicant by engaging another counsel despite the pendency of his earlier application under Section 389, CrPC, I.A.(Crl.)/1154/2023.

4. In view of such fact situation we find that the instant interlocutory application is not maintainable. Such filing of an application when a similar application is already pending, is not appreciated.

5. The instant interlocutory application stands dismissed.

                                                                 JUDGE                          JUDGE


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