Achma Begum @ Musstt. Achma Begum vs The State Of Assam
2024 Latest Caselaw 5147 Gua

Gauhati High Court

Achma Begum @ Musstt. Achma Begum vs The State Of Assam on 25 July, 2024

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

                                                           Page No.# 1/3

GAHC010139872024




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

                          Case No. : I.A.(Crl.)/639/2024
                             in Crl. A. No. 216/2024


         ACHMA BEGUM @ MUSSTT. ACHMA BEGUM
         W/O LATE NUMAN ALI
         R/O SHERALIPUR
         CHINANAI
         P.S.- R.K. NAGAR
         DIST.- KARIMGANJ (ASSAM).


          VERSUS

         THE STATE OF ASSAM
         W/O LATE NUMAN ALI
         R/O SHERALIPUR
         CHINANAI
         P.S.- R.K. NAGAR
         DIST.- KARIMGANJ (ASSAM).


         ------------
         Advocate for : MR. I U CHOWDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
                                                                                     Page No.# 2/3


                                             BEFORE
             HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                             ORDER

25-07-2024

Heard Mr. I. U. Choudhury, learned counsel for the applicant and Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the State.

The applicant as an appellant preferred the connected appeal being Crl. A. No. 216/2024 challenging her conviction and sentence dated 24.06.2024 passed by learned Sessions Judge, Karimganj in Sessions Case No. 59/2015 arising out of Ramkrishna Nagar P.S. Case No. 92/2011 sentencing her to undergo Rigorous Imprisonment for 3 years with fine of Rs.5,000/-, in default, to undergo Simple Imprisonment for 6 months for committing the offence under Section 326 IPC and further to undergo R I for 3 years with fine of Rs.5,000/-, in default, to undergo further S I for 6 months for committing the offence under Section 307 IPC,.

By a separate order passed today, said appeal of the applicant has already been admitted for hearing.

By this application, the applicant has prayed for stay of the operation of the said judgment and order of conviction and sentence dated 24.06.2024, passed by learned Sessions Judge, Karimganj in Sessions Case No. 59/2015 and to allow her to remain on previous bail or to allow her go on fresh bail.

It is to be noted herein that during the investigation and trial of said Sessions Case No. 59/2015, the applicant was on bail.

Mr. I. U. Choudhury, learned counsel for the applicant has also placed a copy of the order dated 24.06.2024, passed by the learned Sessions Judge, Karimganj in Sessions Case No. 59/2015, whereby after such conviction and sentence on her prayer she was allowed her to remain on previous bail, as she submitted that she shall prefer an appeal against the said judgment of conviction and sentence dated 24.06.2024 passed against her and by the said order dated 24.06.2024 the matter was fixed today.

Page No.# 3/3

As the records of said Sessions Case No. 59/2015 has been called for in the connected Crl. A. No. 216/2024 and it is now fixed on 30.08.2024, therefore, till then (i.e., 30.08.2024), the applicant herein is allowed to remain on previous bail.

This application of the applicant/appellant shall be considered after perusal of the relevant records.

List accordingly on 30.08.2024 along with the connected Crl. A. No. 216/2024.

JUDGE

Comparing Assistant