Md Manir vs The State Of Assam And Anr. A
2024 Latest Caselaw 76 Gua

Gauhati High Court

Md Manir vs The State Of Assam And Anr. A on 5 January, 2024

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GAHC010137602023




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

                         Case No. : I.A.(Crl.)/1194/2023

         MD MANIR
         SON OF ABUL KASHEM RESIDENT OF VILLAGE- JAFLONG (NOYABASTI)
         P.S.-GOWAINGHAT
         DISTRICT- SYIHET
         BANGLADESH.


          VERSUS

         THE STATE OF ASSAM AND ANR. A
         REPRESENTED BY PP
         ASSAM.

         2:SRI PRITOM KUMAR HAJONG
         S/O- SRI PABITRA HAJONG
          RESIDENT OF VILLAGE- DHAMAN
          P.S-LAKHIPUR
          DIST- GOALPARA
         ASSAM
          PIN-783129
          ------------
         Advocate for : G UDDIN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR. A
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                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

Date : 05.01.2024

Heard Mr. G. Uddin, learned counsel for the applicant and Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent No. 1.

2. This interlocutory application under Section 389 of the Cr.P.C., is preferred by the applicant, namely, Md. Manir for suspension of his sentence and to release him on bail during the pendency of the appeal.

3. It is to be noted here that the applicant has preferred an appeal being Crl.A. No. 453/2023 against the judgment and order dated 04.11.2022 passed by the learned Additional Sessions Judge No. 2, Kamrup(M), Guwahati in Sessions Case No. 131/2022, wherein the learned Court below had convicted the appellant/applicant under Section 14A(b) of the Foreigners Act, 1946 and sentenced him to suffer rigorous imprisonment for 5 years and also to pay a fine of Rs. 10,000/-, with default stipulation.

4. The appeal has already been admitted and notice has been issued to the respondents, and the record has already been called for from the learned Court below. Interim prayer of the applicant would be considered after receipt of the records from the Court below.

5. List the matter after four weeks.

JUDGE

Comparing Assistant