Md. Suruj Jamal vs The State Of Assam And Anr
2024 Latest Caselaw 181 Gua

Gauhati High Court

Md. Suruj Jamal vs The State Of Assam And Anr on 10 January, 2024

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GAHC010289992023




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

                                    Case : I.A.(Crl.)/31/2024

          MD. SURUJ JAMAL
          S/O LATE ABDUR RASHID R/O VILL- KARATIPAM P.S. MORIGAON DIST.
          MORIGAON
          ASSAM PIN-782105


           VERSUS

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

          2:MD. INTAJ ALI
          S/OLT. MUSLEM UDDIN R/O VILL- KARATIPAM P.S. MORIGAON
           DIST. MORIGAON
          ASSAM PIN-782105
           ------------
          Advocate for : MR. D C BORAH
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 10.01.2024 Heard Mr. K. M. Hassan, learned counsel for the applicant.

This interlocutory application has been preferred by the petitioner under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension of the sentence Page No.# 2/2

imposed on the petitioner by the Judgment and Order 24.03.2021 passed in G.R. Case No. 217/2015 by the learned Additional Chief Judicial Magistrate, Morigaon which was upheld with certain modification by the Court of learned Sessions Judge, Morigaon in Criminal Appeal No. 5/2021.

Issue notice to the respondents.

Since learned Additional Public Prosecutor has appeared for the respondent No. 1, no formal notice need to be issued to the respondent No. 1.

As regards the respondent No. 2 is concerned, the petitioner shall take steps for issuance of notice by registered post with A/D within three days from the date of this order, returnable after three weeks.

As the petitioner is on bail granted by the Lower Court and as he has been punished only for a period of three years, the operation of the sentence imposed on the petitioner by the impugned judgment shall remain suspended till the returnable date.

List accordingly.

JUDGE

Comparing Assistant