Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 2884 Gua

Gauhati High Court

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

Author: Manish Choudhury

Bench: Manish Choudhury

                                                           Page No.# 1/3

GAHC010059302024




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

                          Case No. : I.A.(Crl.)/381/2024

         MONIRUDDIN AND ANR.
         S/O LATE AKKASH ALI
         VILL.- LATANI CHAPORI
         P.S.- RUPAHIHAT
         DIST.- NAGAON
         ASSAM.

         2: MOHAMMAD ALI
         S/O LATE AKKASH ALI
         VILL.- LATANI CHAPORI
          P.S.- RUPAHIHAT
          DIST.- NAGAON
         ASSAM.

          VERSUS

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

         2:ABBAS ALI
         S/O ZINNAT ALI
         VILL.- LATANI CHAPORI
          P.S.- RUPAHIHAT
          DIST.- NAGAON
         ASSAM.
          ------------
         Advocate for : MR. Y S MANNAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                                                                  Page No.# 2/3

                                      BEFORE
                     HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                       HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

01.05.2024 [M. Choudhury, J.]

Heard Mr. Y. Mannan, learned counsel for the applicants-appellants and Ms. S.H. Bora, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam. The instant interlocutory application under Section 389 of the Code of Criminal Procedure is preferred by the applicant-appellants for seeking suspension of execution of the sentence passed against the applicant-appellants and for their release on bail. The applicants as the appellants, have preferred the connected appeal, Criminal Appeal No. 113/2024 and the said appeal has been preferred against a Judgment and Order dated 25.01.2024, passed by the learned Sessions Judge, Nagaon in Sessions [T-1] Case No. 14[N]/2014. By the said Judgment and Order dated 25.01.2024, the applicants-appellants have been convicted for the offences punishable under Sections 302/34 of the Indian Penal Code [IPC] and they have sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- each, in default of payment of fine, to undergo simple imprisonment for another 6 [six] months.

Issue notice, returnable in 4 [four] weeks.

As Ms. Bora, learned Additional Public Prosecutor, Assam 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 is dispensed with. The accused-appellants shall take steps for service of notice upon the opposite party- respondent no. 2, by registered post with A/D as well as by usual process, within 3 [three] working days.

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

List the case after 4 [four] weeks.

The learned Additional Public Prosecutor may file objection to the instant interlocutory Page No.# 3/3

application on or before returnable date, if so advised.

                                                JUDGE      JUDGE



Comparing Assistant