Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 2 July, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/3
GAHC010122512024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/577/2024
SANTOSH GUPTA AND ANR
S/O LATE RAM NARAYAN KANU
RESIDENT OF CHOKOLAGHAT
DAILY BAZAR ROAD
WARD NO. 2 DERGAON
PO AND PS DERGAON
DIST GOLAGHAT
ASSAM
785614
2: SMTI RITA DEVI
W/O LATE MONOHARLAL GUPTA
RESIDENT OF CHOKOLAGHAT
DAILY BAZAR ROAD
WARD NO. 2 DERGAON
PO AND PS DERGAON
DIST GOLAGHAT
ASSAM
785614
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY PP ASSAM
2:SMTI BABITA GUPTA
W/O SANTOSH GUPTA
D/O RAM SHANKAR GUPTA
PRESENTLY RESIDING AT NEHRU ROAD
DOOMDOOMA
PS DOOMDOMA
DIST TINSUKIA
ASSAM 786151
Page No.# 2/3
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Advocate for : MR. SAILENDRA DEKA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 02.07.2024
Heard Mr. B. Dutta, learned Senior Counsel assisted by Mr. S. Deka, learned
counsel for the petitioners/applicants. Also heard Mr. B.B. Gogoi, learned
Additional Public Prosecutor.
2. A criminal revision petition being Crl.Rev.P.No./231/2024 has been filed
putting to challenged the Judgment and Order dated 06.05.2024 passed by the
Additional Sessions Judge, Golaghat in Criminal Appeal No.55/2018 affirming the
Judgment of the Trial court against the conviction of the petitioners for a period
of 1 (one) year. Immediately, thereafter the petitioners were taken into custody
and have been in custody since their date of arrest i.e. 31.05.2024.
3. The learned Senior counsel has filed the Interlocutory Application being
I/A.(Crl.)/577/2024 praying for suspension of the sentence during the pendency
of the criminal revision petition.
4. It is submitted that the entire period during the trial, the petitioners were
on previous bail and had not defaulted in appearance before the Court.
5. Learned counsels for the parties have been heard. The Judgment dated
04.09.2018 passed in GR Case No.1389/2016 and Judgment dated 06.05.2024
passed in Criminal Appeal No. 55/2018 have been perused. It is seen that the
Trial Court has convicted the petitioner vide Judgment dated 04.09.2018 for a
Page No.# 3/3
period of 1 (one) year. The Appellate Court vide Judgment dated 06.05.2024
passed in Criminal Appeal No.55/2018 upheld the conviction.
6. Considering the submissions made, let Notice be issued returnable after 4
(four) weeks.
7. Mr. B.B. Gogoi, learned Additional Public Prosecutor accepts notice for the
State. Steps on respondent No.2 be taken by registered post with A/D as well as
by usual course with a period of 1 (one) week from today.
8. The sentence of 1 (one) year by the Additional Sessions Judge, Golaghat
in Criminal Appeal No.55/2018 shall remain suspended till the disposal of the
criminal revision being Crl.Rev.P.No./231/2024 unless ordered otherwise.
9. The petitioners, are therefore, directed to be released forthwith on
previous bail by due compliance of the procedure prescribed in law.
10. This Interlocutory Application be listed along with Cr.Rev.P. No./231/2024.
JUDGE
Comparing Assistant
