Anurag Borgohain vs The State Of Assam
2024 Latest Caselaw 367 Gua

Gauhati High Court

Anurag Borgohain vs The State Of Assam on 23 January, 2024

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GAHC010003512024




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

                              Case No. : I.A.(Crl.)/35/2024

         ANURAG BORGOHAIN
         S/O PULIN BORGOHAIN
         R/O HABIRAM BORA PATH
         P.S.- SIVASAGAR
         DIST.- SIVASAGAR
         ASSAM.


          VERSUS

         THE STATE OF ASSAM
         REP. BY THE P.P.
         ASSAM.


         ------------
         Advocate for : MR B SHARMA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM



         Linked Case :Crl.A./6/2024

         ANURAG BORGOHAIN
         S/O PULIN BORGOHAIN,
         R/O HABIRAM BORA PATH,
         P.S.- SIVASAGAR, DIST.- SIVASAGAR, ASSAM.



         VERSUS

         THE STATE OF ASSAM
                                                                           Page No.# 2/3

            REP. BY THE P.P., ASSAM.



Advocate for the Petitioner   : MR B SHARMA

Advocate for the Respondent : PP, ASSAM

                                    BEFORE
                    HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                          ORDER

23.01.2024

Heard Mr. B. Sharma, learned counsel appearing for the applicant/appellant. Also heard Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent.

2. This is an application under Section 389 of the Code of Criminal Procedure, 1973 for grant of bail and suspension of sentence passed in the judgment and order dated 28.11.2023 by the learned Special Judge, Sivasagar in Special (NDPS) Case No.28/2022 convicting the applicant under Section 21(b) of the NDPS Act and sentencing him to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs.20,000/- (Rupees Twenty Thousand) only, in default, to undergo simple imprisonment for further period of 3(three) months.

3. I have heard the submissions made at the bar and perused the averments made in the application.

4. In view of the fact that the applicant/appellant was on bail during trial and considering the entire matter, this Court is inclined to grant bail to the applicant/appellant.

5. Accordingly, it is provided that the operation of the sentence imposed on the applicant/appellant vide judgment and order dated 28.11.2023 shall remain Page No.# 3/3

suspended till disposal of the connected Criminal Appeal No. 6/2024. The applicant/appellant is allowed to remain on previous bail.

6. The direction for bail is further subject to the following conditions.

(i) That the applicant/appellant shall not leave the territorial jurisdiction of the State of Assam without prior written permission from the Court of learned jurisdictional Special Judge (NDPS Act).

(ii) That the applicant/appellant shall deposit his Passport/Visa etc., if any, in the Court of the learned jurisdictional Special Judge (NDPS Act).

7. With the above directions, the Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant