Page No.# 1/2 vs The State Of Assam
2024 Latest Caselaw 166 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam on 10 January, 2024

                                                            Page No.# 1/2

GAHC010000932024




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

                                Case : I.A.(Crl.)/37/2024

         NAMOR ALI AND 3 ORS
         S/O LATE ISAD ALI VILL- BAGAWANPUR PART-I
         P.S. KATLICHERRA DIST. HAILAKANDI
         ASSAM

         2: ABDUL HAQUE @ ABDUL BARI
         S/O SAIDUR RAHMAN VILL- BAGAWANPUR PART-I
          P.S. KATLICHERRA
          DIST. HAILAKANDI
         ASSAM

         3: MOYNUL HOQUE BARBUIYA @ MOINUL HAQUE
         S/O SAIDUR RAHMAN
         VILL- BAGAWANPUR PART- I
         P.S. KATLICHERRA DIST. HAILAKANDI
         ASSAM

         4: SAMSUL HAQUE
         S/O SAIDUR RAHMAN VILL- BAGANPUR
         PART-I
         P.S. KATLICHERRA
         DIST. HAILAKANDI
         ASSAM
         VERSUS

         THE STATE OF ASSAM
         TO BE REP. BY THE PP
         ASSAM


         ------------
         Advocate for : MR. A M BARBHUIYA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
                                                                        Page No.# 2/2

                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 10.01.2024 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner.

This interlocutory application has been preferred by the petitioners under Section 397 of the Code of Criminal Procedure, 1973 praying for suspending the sentence imposed on the petitioners by the order dated 02.06.2018 passed by the learned Judicial Magistrate, First Class, Hailakandi in G.R. Case No. 1321/2011 which has been upheld by the judgment and order dated 04.12.2023 passed by the learned Additional Sessions Judge, Hailakandi in Criminal Appeal No. 07/2019.

The petitioners have impugned the aforesaid judgment by preferring a criminal revision petition which is registered as Criminal Revision Petition No. 12/2024.

Learned counsel for the petitioners has submitted that the petitioners are presently on bail granted by the Lower Court and has prayed for suspending the sentence.

Considering the fact that the petitioner Nos. 1, 2 and 3 are sentenced to a limited duration of one year only, whereas, the petitioner No. 4 has been sentenced to undergo simple imprisonment for limited duration of two years only and all of them are presently on bail, therefore, during the pendency of the Criminal Revision Petition No. 12/2024, the operation of the sentence imposed on the petitioners by the impugned judgment is hereby stayed.

This interlocutory application is accordingly disposed of.

JUDGE

Comparing Assistant