Rukheswar Timung vs The State Of Assam And Anr
2024 Latest Caselaw 6370 Gua

Gauhati High Court

Rukheswar Timung vs The State Of Assam And Anr on 30 August, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                          Page No.# 1/3

GAHC010175982024




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

                         Case No. : I.A.(Crl.)/820/2024



         RUKHESWAR TIMUNG
         S/O. LT. RAJENDRA TIMUNG
         R/O. LORULANGSO
         WARD NO. 5
         P.O. AND P.S. DIPHU
         DIST. KARBI ANGLONG
         ASSAM
         PIN-782460.


          VERSUS

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

         2:SRI. BEDANTA BIKASH DAS
         S/O. LT. NANDESWAR DAS
          R/O. VILL. KHARAHATI
          P.O. AND P.S. TEZPUR
          DIST. SONITPUR
         ASSAM
          PIN-784001.
          ------------
         Advocate for : MR B D DAS
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
                                                                                  Page No.# 2/3




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 30.08.2024 Heard Mr. B. D. Das, learned Senior Counsel assisted by Mr. H. K. Sharma, learned counsel for the applicant. Also heard Mr. M. Phukan, learned Additional Public Prosecutor for the State of Assam.

2. This is an application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for suspension of sentence and for allowing the applicant to go on bail.

3. Mr. Phukan, learned Additional Public Prosecutor has opposed the prayer for grant of bail in this bail application.

4. I have considered the submissions made by learned counsel of both the sides.

5. The applicant was convicted under Sections 420/468/120-B of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for four years with each of the offences and was also sentenced to pay a fine of Rs.10,000/- for each of the offences with default stipulations.

6. I have gone through the evidence available before me and I have also gone through the entire Judgment. This Court is of the opinion that at this stage, the petitioner Rukheswar Timung does not deserve to be detained in custody.

7. Therefore, it is hereby directed that the sentence imposed upon the petitioner Rukheswar Timung shall remain suspended till disposal of the connected appeal.

8. The applicant Rukheswar Timung shall be allowed to go on bail of Rs.25,000/- with a Page No.# 3/3

surety of like amount to the satisfaction of the learned Special Judge, Assam.

9. With the aforesaid direction, the I.A. stands disposed of.

JUDGE

Comparing Assistant