Omar Sheikh @ Amar Ali And 2 Ors vs The State Of Assam
2024 Latest Caselaw 279 Gua

Gauhati High Court

Omar Sheikh @ Amar Ali And 2 Ors vs The State Of Assam on 18 January, 2024

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GAHC010001082024




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

                                Case No. : I.A.(Crl.)/56/2024

             OMAR SHEIKH @ AMAR ALI AND 2 ORS
             S/O LATE MANIK SHEIKH
             R/O VILL.-LUWASUR
             MOUZA-BHAWANIPUR
             P.S. AND DIST.-BARPETA
             ASSAM
             PIN-781318.

             VERSUS

             THE STATE OF ASSAM
             REP. BY PP
             ASSAM


             ------------
             Advocate for : MR Z ALAM
             Advocate for : appearing for THE STATE OF ASSAM


                                        BEFORE
             HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
                                         ORDER

18.01.2024 Heard Mr Z Alam, learned counsel for the petitioners, 1) Omar Sheikh @ Amar Ali,

2) Samar Sheikh @ Samar Ali and 3) Mahar Sheikh @ Mahar Ali.

2. The petitioners have filed this application under Section 389 of the CrPC, with Page No.# 2/2

prayer for suspension of the order of conviction and sentence dated 05.01.2021, passed

by the learned SDJM(M), Bajali, in connection with GR Case No. 549/2016, arising out

of Barpeta PS Case No. 1151/2016. The petitioners were convicted and sentenced to

undergo SI for one month and to pay a fine of Rs. 500/- for offence punishable under

Section 447 IPC and further to undergo SI for six months and to pay a fine of Rs. 500/-

with default stipulation, for the offence under Section 323 IPC. This conviction and

sentence was upheld by the learned Sessions Judge, Bajali, Pathsala, vide order dated

08.08.2023, in connection with Criminal Appeal No. 2/2021 and Criminal Appeal No.

3/2021.

3. Heard Mr D P Goswami, learned Additional Public Prosecutor for the State of

Assam.

4. The learned Additional Public Prosecutor has accepted notice on behalf of

respondent/State of Assam. So, no formal notice is required to be issued to the

respondent. However, sufficient copies be furnished to the respondent.

5. I have considered the submissions at the Bar.

6. The Judgment and Order of conviction and sentence, mentioned above, is stayed

until further order(s) and the petitioners are allowed to remain on previous bail.

7. Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant