Abjal Sheikh @ Afjal Sheikh vs The State Of Assam And Anr
2024 Latest Caselaw 6 Gua

Gauhati High Court

Abjal Sheikh @ Afjal Sheikh vs The State Of Assam And Anr on 3 January, 2024

                                                                    Page No.# 1/2

GAHC010288922023




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

                              Case No. : Crl.Rev.P./570/2023

           ABJAL SHEIKH @ AFJAL SHEIKH
           S/O NEKAT SK.
           R/O VILL- HEKAIPARA,
           P.O. CHANDRAPARA, P.S. KOKRAJHAR
           DIST. KOKRAJHAR, BTR, ASSAM
           PRESENTLY RESIDING AT VILL- BORO
           BHODEYAGURI,PO. K/BHOTGAON, P.S. KOKRAJHAR, DIST.KOKRAJHAR,
           BTR, ASSAM

           VERSUS

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

           2:JOYBAR SK.
            S/O LT. ASMAT SK.
           VILL- JOYPUR
           P.O. AND P.S. KOKRAJHAR
            DIST. KOKRAJHAR
            BTR
           ASSAM

Advocate for the Petitioner : MR P K DAS
Advocate for the Respondent : PP, ASSAM

                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

Date : 03.01.2024 Heard Mr. P. K. Das, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State.

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This application under Section 397/401 of the Code of Criminal Prosecutor, 1973 has been filed by the petitioner impugning the order dated 17.03.2023 as well as order dated 04.12.2023 passed by the learned Sessions Judge, Kokrajhar in Criminal Appeal No. 05/2023 whereby the present petitioner was sent to jail in pursuant to the judgment passed in C.R. NI Case No. 20/2022.

Learned counsel for the petitioner has submitted that the petitioner has failed to deposit statutory deposit under Section 143A of the NI Act. Learned counsel for the petitioner has prayed that some time may be given to the present petitioner so as to enable him to pay the statutory deposit as directed by the First Appellate Court.

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 respondent No. 1.

As regards respondent No. 2 is concerned, the petitioner shall take steps for issuance of notice to the respondent No. 2 by registered post with A/D within three

days from the date of this order, returnable on 22nd January, 2024.

The prayer for interim relief would be considered only after service of notice on the respondent No. 2.

List this matter again on 22rd January, 2024

JUDGE

Comparing Assistant