Kanak Muchahary vs The State Of Assam And Anr
2024 Latest Caselaw 6379 Gua

Gauhati High Court

Kanak Muchahary vs The State Of Assam And Anr on 30 August, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                 Page No.# 1/3

GAHC010173002024




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

                                I.A.(Crl.)/812/2024

         KANAK MUCHAHARY
         S/O. LT. GAGEN MUCHAHARY
          R/O. VILL. NO.1 DANGAPARA
          P.O. NEHRU BAZAR
          P.S. BIJNI
          DIST. CHIRANG
         ( BTC)
          ASSAM.


          VERSUS

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

         2:SRI. JAGADISH MUCHAHARY
         S/O.LT. GAGEN MUCHAHARY
          R/O. VILL. SUBHAIJHAR
          P.O. NEHRU BAZAR
          P.S. BIJNI
          DIST. CHIRANG
          (BTC)
         ASSAM.
          ------------
         Advocate for : MR B C MUCHAHARY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR



                    Linked Case :   Case No. : Crl.A./277/2024

         KANAK MUCHAHARY
                                                                                 Page No.# 2/3

             S/O. LT. GAGEN MUCHAHARY, R/O. VILL. NO.1 DANGAPARA, P.O. NEHRU
             BAZAR, P.S. BIJNI, DIST. CHIRANG,( BTC), ASSAM.


             VERSUS

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

             2:SRI. JAGADISH MUCHAHARY
              S/O.LT. GAGEN MUCHAHARY
              R/O. VILL. SUBHAIJHAR
              P.O. NEHRU BAZAR
              P.S. BIJNI
              DIST. CHIRANG
              (BTC)
             ASSAM

Advocate for the Petitioner   : MR B C MUCHAHARY, MR R DHAR,J DAS

Advocate for the Respondent : PP, ASSAM,




                                    BEFORE
                   HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

Date : 30.08.2024

Heard Mr. R. Dhar, learned counsel appearing for the applicant as well as Mr. P. Borthakur, learned Addl. Public Prosecutor appearing for the state of Assam.

2. This is an application u/s 430 (2) of BNSS, 2023 praying for suspension of sentence in respect of Sessions case No. 178(B)/2018 passed by the learned Addl. Sessions Judge, Bijni. The applicant also prays for releasing him on bail.

3. The applicant was convicted under Section 304 Pt.-II of the Indian Penal Code and he was sentenced to undergo seven years of imprisonment and also pay fine of Rs. 50,000/- with default stipulation.

4. I have gone through the evidence as well as the judgment passed by the learned Addl. Sessions Judge, Bijni. I have also considered the submissions made by the learned counsels Page No.# 3/3

of both sides.

5. This Court is of the opinion that the applicant deserves to be released on bail.

6. Therefore, the sentence imposed upon the applicant shall remain suspended till disposal of the connected appeal.

7. The applicant, namely, Kanak Muchahary is allowed to go on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Bijni.

With the aforesaid direction, the interlocutory application stands disposed of.

JUDGE

Comparing Assistant