Aftab Uddin Barbhuiya vs The State Of Assam And Anr
2024 Latest Caselaw 4092 Gua

Gauhati High Court

Aftab Uddin Barbhuiya vs The State Of Assam And Anr on 7 June, 2024

                                                                          Page No.# 1/2

GAHC010102702024




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

                                Case No. : I.A.(Crl.)/488/2024

            AFTAB UDDIN BARBHUIYA,
            S/O RASID ALI BARBHUIYA,
            VILL.- RONGPUR PART- 2, P.S.- KATLICHERRA, DIST.- HAILAKANDI,
            ASSAM.

            VERSUS

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

            2:JOHON ROY
             S/O LATE BASANTA ROY
             R/O KOYAH TEA ESTATE
             P.S.- LALA
             DIST.- HAILAKANDI
            ASSAM

Advocate for the Petitioner   : MR. A AHMED

Advocate for the Respondent : PP, ASSAM


                                     BEFORE
                    HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 07.06.2024

Heard the learned counsel for the parties. The present application is filed under section 389(2) Cr.P.C, 1973 for suspension of execution of sentence and to release the Page No.# 2/2

accused/applicant on bail pending disposal of the criminal appeal filed against the judgment and sentence dated 05.03.2024 and 07.03.2024, passed by the learned Additional Sessions Judge, Hailakandi in Session Case No.172/2019, convicting the accused/applicant to undergo RI for three years under section 420 IPC and to pay a fine of Rs.3000/-in default to SI for two months. The applicant is further sentenced to RI for ten years and to pay a fine of Rs.5000 in default to SI for three months under section 489(B) IPC. Both the sentences to run concurrently.

Issue notice returnable by 22.07.2024. Mr. M.P. Goswami learned Addl. PP accepts notice on behalf of the State respondent, so no formal notice is required to be issued. However, extra copies of the memo of appeal be served on the learned Addl. PP within three days.

In the meantime the State respondent may file objection, if so desires.

List accordingly.

JUDGE

Comparing Assistant