Jakir Hussain Laskar @ Md. Jakir Hussain ... vs The State Of Assam
2024 Latest Caselaw 2886 Gua

Gauhati High Court

Jakir Hussain Laskar @ Md. Jakir Hussain ... vs The State Of Assam on 1 May, 2024

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GAHC010084502024




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



                               Case No : I.A.(Crl.)/400/2024

         JAKIR HUSSAIN LASKAR @ MD. JAKIR HUSSAIN LASKAR @ MITON
         S/O LATE SIRISH ALI LASKAR
          R/O HAILAKANDI TOWN WARD NO.- V
          P.S. AND DIST.- HAILAKANDI
          ASSAM.


          VERSUS

         THE STATE OF ASSAM
         TO BE REP. BY THE P.P.
         ASSAM.


         ------------
         Advocate for : MR. A M BARBHUIYA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM

          IN Case No. : Crl.A./117/2024

                     JAKIR HUSSAIN LASKAR @ MD. JAKIR HUSSAIN LASKAR @
                     MITON
                     S/O LATE SIRISH ALI LASKAR,
                     R/O HAILAKANDI TOWN WARD NO.- V, P.S. AND DIST.-
                     HAILAKANDI, ASSAM.



                     VERSUS

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



             Advocate for the Petitioner   : MR. A M BARBHUIYA

             Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                            ORDER

01.05.2024

Heard Mr. A. M. Barbhuiya, 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 the judgment and order dated 28.03.2024 passed by the learned Sessions Judge, Hailakandi in Sessions Case No. 126/2019 whereby convicted and sentencing the applicant to undergo R.I. for 3 (three) years and fine of Rs. 20,000/- in default of payment of fine, further R.I. for 6 (six) months and further allow the applicant to go on previous bail.

The connected appeal assailing the aforesaid judgment and order has also been admitted.

The learned counsel for the applicant has annexed all the deposition of the witnesses along with the appeal memo.

Perused the same and considering the testimonies of the eye witnesses i.e. PW- 4, PW-5 and PW-6, this Court is of the view that the applicant has been able to make out a case for granting interim protection.

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Accordingly, it is provided, the applicant shall remain on previous bail till disposal of the connected appeal.

This I.A.(Crl) stands disposed of.

JUDGE

Comparing Assistant