Gauhati High Court
Arjun Koiry vs The State Of Assam And Anr on 10 June, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
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GAHC010022172024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./169/2024
ARJUN KOIRY
S/O- LATE BANDHAN KOIRY,
R/O- PHILLOBARI LINE, TALAP, P.S.- DOOMDOOMA, DISTRICT- TINSUKIA,
ASSAM, PIN-786151.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP, ASSAM.
2:SMTI. PADMINI GOWALA
W/O- LT. ANANDA GOWALA
R/O- TALAP T.E. PULIBARILINE
P.S.- DOOMDOOMA
DIST- TINSUKIA
ASSAM.PIN- 786151
Advocate for the Petitioner : MR. T DEURI
Advocate for the Respondent : PP, ASSAM
Linked Case : I.A.(Crl.)/509/2024
ARJUN KOIRY
S/O- LATE BANDHAN KOIRY
R/O- PHILLOBARI LINE
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TALAP
PS.- DOOMDOOMA
DIST- TINSUKIA
ASSAM. PIN- 786151.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP
ASSAM.
2:SMTI. PADMINI GOWALA
W/O- LATE ANANDA GOWALA
R/O- TALAP T.E. PULIBARI LINE
P.S- DOOMDOOMA
DIST- TINSUKIA
ASSAM
PIN- 786151.
------------
Advocate for : MR. T DEURI
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 10.06.2024
Heard Mr. T. Deuri, learned counsel for the applicant. Mr. B. Sarma,
learned Public Prosecutor for the State/respondent No.1.
2. This is an application under Section 389 Cr.P.C. praying for granting
bail by suspending sentence pending appeal to the applicant in connection with
the judgment and order dated13.10.2023 passed by the learned Additional
Sessions Judge-2 (FTC), Tinsukia, Assam, in connection with Sessions Case No.
15(T)/2022, wherein the applicant was convicted and sentenced him to undergo
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imprisonment for 6(six) months for the offence under Section 448 IPC and
3(three) years for the offence under Section 354 IPC.
3. The learned counsel for the applicant submits that the applicant may
be allowed to remain on previous bail or to go on fresh bail, till disposal of the
appeal.
4. On the other hand, Mr. Sarma, learned Additional Public prosecutor
submits that he has no objection if the prayer of the applicant is allowed.
5. I have considered the submissions made by the learned counsel for the
parties as well as perused the judgment of the learned trial court.
6. Considering the sentence imposed by the learned trial court, without
further going into the merit of the case, prayer of the applicant is allowed.
7. Accordingly, the appellant-applicant, named above, shall be released
on bail suspending the sentence during appeal in connection with Sessions Case
No. 15(T)/2022, under Section 448/354 IPC, subject to the following
conditions :
(i) The applicant shall furnish a bail bond of Rs.50,000/- with two
suitable sureties each of the like amount to the satisfaction of the learned
Additional Sessions Judge-2 (FTC), Tinsukia, Assam.
(ii) The learned Additional Sessions Judge-2 (FTC), Tinsukia, Assam
will be at liberty to impose any condition(s) while granting bail to the applicant.
8. Nothing in this order shall be construed as an expression of opinion
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on the merits of the pending criminal appeal.
9. In view of the above, interlocutory application stands disposed of.
JUDGE
Comparing Assistant
