Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 5383 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 31 July, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                           Page No.# 1/3

GAHC010146772024




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

                          Case No. : I.A.(Crl.)/688/2024


       GIRIN SAIKIA AND 4 ORS.
       S/O BIDHAN SAIKIA
       R/O TINSUKIA GAON
       P.S.- BORBORUAH
       DIST.- DIBRUGARH
       ASSAM.

       2: ANANDA KARMAKAR
       S/O LATE DHARMESWAR KARMAKAR

       VILL.- NO. 3 MADHAKALI
       P.S.- KHOWANG
       DIST.- DIBRUGARH
       ASSAM.

       3: ANANTA DUWARAH @ ANANTA DOWARAH
       S/O LATE PADMA DIWARAH

       R/O HULLUNG KATONI GAON
       P.S.- NAZIRA
       DIST.- SIVASAGAR
       ASSAM.

       4: BHARAT GOGOI
       S/O BOGADHAR GOGOI

       R/O MALOWKHAT GAON
       P.S.- PULIBOR
       DIST.- JORHAT
       ASSAM.

       5: UTPAL KAKATY @ UTPAL KAKATI
       S/O DAYARAM KAKATY
                                                                                          Page No.# 2/3

          R/O DEORI GAON
          P.S.- NAGAON SADAR
          DIST.- NAGAON
          ASSAM.
          VERSUS

          THE STATE OF ASSAM AND ANR.
          REP. BY P.P.
          ASSAM.

          2:KUNTILA SONOWAL
          W/O LATE CHENGELI SONOWAL

          VILL.- NO.2 SONOWALGAON
          P.S.- SADIYA
          DIST.- TINSUKIA
          ASSAM
          PIN- 786158.
          ------------
          Advocate for : MR. B K MAHAJAN
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                               ORDER

Date : 31.07.2024 [Manish Choudhury, J]

Heard Mr. N. Mahajan, learned counsel for the applicant-appellant and Mr. K.K. Das, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

2. The present application under Section 430[1], Bharatiya Nagarik Suraksha Sanhita, 2023, is preferred seeking suspension of the execution of the sentenced passed in present applicant-appellant for his release on bail. The applicant as the appellant preferred the connected appeal, Criminal Appeal no. 231/2024 against a Judgment and Order dated 26.06.2024 passed by the Court of the learned Sessions Judge, Tinsukia in Sessions Case no. 24[CH]/2018. By the Judgment and Order dated 26.06.2024, the applicant-appellant has been convicted for the offence under Section 302, Indian Penal Code [IPC], the Page No.# 3/3

applicant-appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 2 [two] months.

3. Issue notice, returnable in 4 [four] weeks.

4. As Mr. Das, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, State of Assam, issuance of formal notice to the opposite party no. 1, stands dispensed with. However, an extra copy of the memo of appeal along with annexures, is to be furnished to Ms. Bhuyan within 3 [three] working days from today.

5. The learned counsel for the applicant-appellant shall takes steps of service of notice upon the opposite party no. 2 by the registered post with A/D within 3 [three] working days from today.

6. The learned Additional Public Prosecutor shall make endeavor to file objection to the instant application on or before the returnable date.

7. List the case after 4 [four] weeks.

                                                                 JUDGE                           JUDGE


Comparing Assistant