S/O-Late Rama Swamy Thevar vs The State Of Assam And Anr
2024 Latest Caselaw 2885 Gua

Gauhati High Court

S/O-Late Rama Swamy Thevar vs The State Of Assam And Anr on 1 May, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                 Page No.# 1/2

GAHC010003702024




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

                                Case No. : I.A.(Crl.)/383/2024

            AC/2007 SRI R SARVANAN
            S/O-LATE RAMA SWAMY THEVAR
            R/O-VILLAGE-ACHILAPURAM
            DISTRICT-BIRUDHUNAGAR
            TAMILNADU


            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR


            ------------
            Advocate for : MS. B SARMA
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR



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

                                          ORDER

01.05.2024 [M. Choudhury, J.]

Heard Ms. B. Sarma, learned Legal Aid Counsel for the applicant-appellant and Ms. S. Jahan, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam. The instant interlocutory application under Section 389[1] of the Code of Criminal Page No.# 2/2

Procedure is preferred by the applicant-appellant seeking suspension of execution of the sentence passed against the applicant-appellant and for his release on bail. The applicant as the appellant, has preferred the connected appeal, Criminal Appeal no. 41/2024 and the said appeal has been preferred against a Judgment Order dated 20.08.2015, passed by the learned Sessions Judge, Chirang at Kajalgaon in Sessions Case no. 144[Basu]/2015. By the said Judgment and Order dated 20.08.2015, the accused-appellant has been convicted under Section 302 of the Indian Penal Code [IPC] and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment for another 6 [six] months. Issue notice, returnable in 4 [four] weeks.

As Ms. Jahan, 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. In view of the order passed today i.e. 01.05.2024, in the connected Criminal Appeal No. 41/2024, issuance of notice to the opposite party-respondent no. 2 stands dispensed with, as his name has already been ordered to be struck off.

The prayer of 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 application on or before returnable date.

                                                      JUDGE                    JUDGE



Comparing Assistant