Bimal Boiragi vs The State Of Assam And Anr
2024 Latest Caselaw 5364 Gua

Gauhati High Court

Bimal Boiragi vs The State Of Assam And Anr on 31 July, 2024

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GAHC010151342024




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

                                Case No. : Crl.Rev.P./281/2024

            BIMAL BOIRAGI
            S/O LATE GANESH BOIRAGI,
            R/O KONWARPUR KARI GAON,
            P.O. KARIGAON, P.S. AND P.O. SIVASAGAR,DIST. SIVASAGAR, ASSAM



            VERSUS

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

            2:STATE BANK OF INDIA
             ONGC COLONY BRANCH
             SIVASAGAR

            P.S. AND P.O. SIVASAGAR

            DIST. SIVASAGAR
            ASSAM
            PIN-78564

Advocate for the Petitioner   : MR. S J SARMAH

Advocate for the Respondent : PP, ASSAM,
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                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                 ORDER

31.07.2024

Heard Mr. S. J. Sarmah, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

This application, filed under Section 438/442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for suspension of sentence and to release the petitioner on previous bail.

Issue notice to the respondents, returnable within 3 (three) weeks.

Since Mr. Borthakur, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition during the course of the day, if not already furnished.

The learned counsel for the petitioner shall take steps for service of notice upon respondent No. 2 by registered post with A/D as well as by usual process within a week from today.

Also call for the scanned copy of the case records.

It is to be noted here that the petitioner has preferred this criminal revision petition, being Crl. Rev. P./281/2024, against the judgment and order dated 05.06.2024, passed by the learned Additional Sessions Judge, Sivasagar, in Criminal Appeal No.31(2)/2017, whereby, the learned Court below affirmed Page No.# 3/3

the conviction passed by the learned Chief Judicial Magistrate, Sivasagar, in C.R. Case No.27/2013 filed under Section 138 of N. I. Act, convicting the accused/petitioner to pay Rs.700,000/- (Rupees Seven lakhs) only as compensation and in default of payment to undergo S.I for a period of 2(two) months and in default a further sentence of 30 days, i.e. 1 month.

It is submitted by the learned counsel for the petitioner, Mr. Sarmah that there are sufficient grounds for succeeding the present revision petition as the complaint has been lodged by the Manager of the Bank without informing the higher authority and the present petition has been filed after withdrawal of the earlier complaint. Apart from that there are also other grounds to succeed the present revision petition. He accordingly, prayed to suspend the sentence imposed on the petitioner and also allow him to remain on his previous bail till disposal of the connected criminal revision petition.

Accordingly, considering the submission made by the learned counsel for the petitioner, he is allowed to remain on previous bail and the operation of the impugned Judgment and Order, dated 05.06.2024, passed by the learned Additional Sessions Judge, Sivasagar, in Criminal Appeal No.31(2)/2017, affirming the Judgment and Order dated 25.05.2017, passed by the learned Chief Judicial Magistrate, Sivasagar, in C.R. Case No.27/2013, convicting the petitioner under Section 138 of N. I. Act, stands stayed/suspended till disposal of the revision petition, being Crl. Rev. P./281/2024.

List the matter after 3 (three) weeks.

JUDGE Comparing Assistant