Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 316 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 19 January, 2024

                                                                       Page No.# 1/3

GAHC010283152023




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

                                 Case No. : Crl.A./476/2023

            PABITRA SUTRADHAR AND ANR.
            S/O SRI KARTIK SUTRADHAR,
            VILL.- BOLABARIBAGICHA, P.O. AND P.S.- KALAIGAON, DIST.-
            UDALGURI, ASSAM, PIN- 784525.

            2: SABITRI SUTRADHAR
            W/O SRI KARTIK SUTRADHAR
            VILL.- BOLABARIBAGICHA
             P.O. AND P.S.- KALAIGAON
             DIST.- UDALGURI
            ASSAM
             PIN- 784525

            VERSUS

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

            2:DULAL SUTRADHAR
             S/O SRI REBOWTI SUTRADHAR
            VILL.- JALUKBARI
             P.S.- KHAIRABARI
             DIST.- UDALGURI
            ASSAM
             PIN- 784525

Advocate for the Petitioner   : MR. S CHAUHAN

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

19.01.2024

Heard Mr. S. Chauhan, learned counsel for the appellants and Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.

2. In this appeal, under Section 374 of the Cr.P.C., the petitioners have put to challenge the correctness or otherwise of the judgment and order dated 07.11.2023, passed by the learned Additional Sessions Judge, Udalguri in Sessions [I] Case No. 12/2022.

3. It is to be noted here that vide judgment and order dated 07.11.2023, the learned court below has convicted and sentenced the appellants to under S.I. for 2 years with fine of Rs. 7,000/- with default stipulation.

4. Perused the memo of appeal as well as the grounds mentioned therein. Admit.

5. Let notice be issued to the respondent No. 2, within a week from today, returnable in 4 [four] weeks, by registered post with A/D and also by usual process. As Mr. Sharma has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

6. Mr. Chauhan, learned counsel for the appellants submits that the learned court below has allowed the appellants to remain to previous bail and therefore, it is contended to allow the appellants to remain on previous bail till disposal of this appeal.

7. Having considered the submissions of learned counsel for both the parties, it is provided that the appellants shall remain on previous bail, till disposal of this Criminal Appeal.

Page No.# 3/3

8. The Registry shall call for the record from the learned court below.

9. List the matter after 4 [four] weeks.

JUDGE Comparing Assistant