Gauhati High Court

Suraj Dusad vs The State Of Assam And Anr on 1 May, 2024

Page No.# 1/3

GAHC010028352023

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

Case No : I.A.(Crl.)/300/2024

SURAJ DUSAD
S/O-GOLAP DUSAD
R/O-NEGHERITING BOR LINE
P.O-NEGHERITING
P.S-DERGAON
DISTRICT- GOLAGHAT
ASSAM.

VERSUS

THE STATE OF ASSAM AND ANR .
REPRESENTED BY THE PP ASSAM.

2:SUNIL DUSAD
S/O-LATE ANATH LAL DUSAD
R/O-NEGHERITING BOR LINE
P.O-NEGHERITING
DISTRICT- GOLAGHAT
ASSAM.PIN-785703.
------------
Advocate for : MS. P BORAH
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR .

IN Case No. : Crl.A./89/2024

SURAJ DUSAD
S/O-GOLAP DUSAD, R/O-NEGHERITING BOR LINE, P.O-
NEGHERITING, P.S-DERGAON, DISTRICT- GOLAGHAT,
ASSAM.
Page No.# 2/3

VERSUS

THE STATE OF ASSAM AND ANR .
REPRESENTED BY THE PP ASSAM.

2:SUNIL DUSAD
S/O-LATE ANATH LAL DUSAD
R/O-NEGHERITING BOR LINE
P.O-NEGHERITING
DISTRICT- GOLAGHAT
ASSAM.PIN-785703

Advocate for the Petitioner : MS. P BORAH

Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

01.05.2024

Heard Mr. P. K. Munir, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

This application is filed under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension/stay of the operation of Judgment dated 13.06.2022 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 115/2017, and sentence dated 20.06.2022, whereby, sentenced him to undergo Rigorous Imprisonment for 10 (ten) years with a fine of Rs. 10,000/- and in default of payment of fine, to R.I. for another 3 (three) months under Section 304 (Part-II) of IPC and imprisonment for 2 (two) years and to pay fine of Rs. 5,000/- and in default of payment of fine, to R.I. for 1 (one) month for the offence under Section 324 of IPC and further allow the applicant to release on bail .

Issue notice returnable after four weeks.

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As Mr. Borthakur, learned APP accepts notice on behalf of the State respondent no formal notice need be issued to the said respondent.

The applicant to take steps for issuance of notice upon the respondent No. 2 by way of registered post with A/D as well as usual process within a period of five days from today.

This I.A shall be considered after receipt of the LCR.

JUDGE

Comparing Assistant