Sarala Mandal vs The State Of Assam And Anr
2024 Latest Caselaw 3980 Gua

Gauhati High Court

Sarala Mandal vs The State Of Assam And Anr on 5 June, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010018342024




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

                          Case No. : I.A.(Crl.)/412/2024



         SARALA MANDAL
         W/O-BOLDIP KUMAR
         R/O-NO.1 DONGARGAON
         P.S.-TAMULPUR
         DISTRICT-BAKSA
         ASSAM

          VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY PUBLIC PROSECUTOR
         ASSAM

         2:JOGENDRA CHANDRA BARMAN

         S/O-LT. JAMINI KANTA BARMAN
         R/O-VILL-BIHANGAPUR(KAWLI)
         P.S.-TAMULPUR
         DISTRICT-BAKSA
         ASSAM
         ------------




         Advocate for : MR. S BISWAS
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

Date : 05.06.2024 [Manish Choudhury, J.]

Heard Mr. S. Biswas, learned Legal Aid Counsel for the applicant-appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor, Assam assisted by Ms. R. Das, learned counsel for the opposite party no. 1.

2. The instant application is filed under Section 389, Code of Criminal Procedure, 1973 seeking suspension of execution of the sentence passed against the applicant-appellant and for release of the applicant-appellant on bail. The applicant as the appellant, has preferred the connected appeal against a Judgment and Order dated 11.08.2023 passed by the learned Session Judge, Baksa at Mushalpur in Sessions Case no. 189/2022. By the Judgment and Order dated 11.08.2023, the applicant-appellant has been convicted for the offence of murder under Section 302, IPC and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for another 2 [two] months.

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

4. As Ms. Bhuyan, learned Additional Public Prosecutor appeared and accepted notice on behalf of the opposite party no. 1, issuance of formal notice stands dispensed with. The learned Legal Aid Counsel for the accused-appellant shall, however, furnish a extra copy of the application to Ms. Bhuyan within 3 [three] working days from today.

5. The learned Legal Aid Counsel shall take steps for service of notice upon the opposite party no. 2 by registered post with A/D as well as by usual process within 3 [three] working days from today.

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6. The prayer for suspension of execution of the sentence will be considered on receipt of the case records of the trial court.

                                                             JUDGE                 JUDGE
Comparing Assistant