Abdul Aziz vs The State Of Assam And Anr
2024 Latest Caselaw 403 Gua

Gauhati High Court

Abdul Aziz vs The State Of Assam And Anr on 24 January, 2024

                                                                       Page No.# 1/3

GAHC010012812024




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

                                    Case No. : Crl.A./17/2024

            ABDUL AZIZ
            S/O JABED ALI,
            VILL.- CHARALDANGA, P.O.- SILAIRPAR, P.S.- GAURIPUR, DIST.- DHUBRI
            (ASSAM), PIN- 783331.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR.

            2:FAZILA BIBI
            W/O AKBAR ALI

            VILL.- CHARALDANGA
            P.O.- SILAIRPAR
            P.S.- GAURIPUR
            DIST.- DHUBRI (ASSAM)
            PIN- 783331

Advocate for the Petitioner   : MR. M K HUSSAIN

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/67/2024

            ABDUL AZIZ
            S/O JABED ALI
            VILL.- CHARALDANGA
                                                                     Page No.# 2/3

           P.O.- SILAIRPAR
           P.S.- GAURIPUR
           DIST.- DHUBRI (ASSAM)
           PIN- 783331.


           VERSUS

          THE STATE OF ASSAM AND ANR.
          REP. BY THE PUBLIC PROSECUTOR.

          2:FAZILA BIBI
          W/O AKBAR ALI

          VILL.- CHARALDANGA
          P.O.- SILAIRPAR
          P.S.- GAURIPUR
          DIST.- DHUBRI (ASSAM)
          PIN- 783331.
          ------------
          Advocate for : MR. M K HUSSAIN
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                    BEFORE


            HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                    ORDER

24.01.2024

Heard the learned counsel for the parties.

2. This is an application under Section 389 of the Code of Criminal Procedure praying for allowing the applicant/appellant to remain on previous bail in the impugned judgment dated 06.12.2023 passed in Sessions Case No. 17/2021 by the learned Addl. Sessions Judge, Dhubri, convicting and sentencing the Page No.# 3/3

accused/appellant to undergo rigorous imprisonment for two years for coming the offence punishable under Section 457 IPC and also to pay a fine of Rs. 1,000/- each in default, further rigorous imprisonment for one month and also convicting and sentencing the accused to undergo rigorous imprisonment for three years for committing the offence punishable under Section 376/511 IPC and also to pay a fine of Rs. 1000/- each in default, further rigorous imprisonment for (one) month.

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 dated 06.12.2023 shall remain suspended till disposal of the connected criminal appeal No. 17/2024. The applicant/appellant is allowed to remain on previous bail with the same terms and conditions.

6. With the above directions, the interlocutory application stands disposed of.

JUDGE

Comparing Assistant