Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 8250 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 11 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                         Page No.# 1/3

GAHC010213072024




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

          Case : I.A.(Crl.)/1056/2024

         CHANDAN NATH AND 4 ORS
         S/O LATE KSHITISH CHANDRA NATH
         R/O BHAIRABPUR PT-I
         P.O.-KALAIN
         P.S.-KALAIN
         DIST- CACHAR
         ASSAM
         PIN-788815

         2: SABINOY NATH
         S/O LATE KSHITISH CHANDRA NATH
          R/O BHAIRABPUR PT-I
          P.O.-KALAIN
          P.S.-KALAIN
          DIST- CACHAR
         ASSAM
          PIN-788815

         3: SANJAY NATH @ SANJU
         S/O LATE KSHITISH CHANDRA NATH
         R/O BHAIRABPUR PT-I
         P.O.-KALAIN
         P.S.-KALAIN
         DIST- CACHAR
         ASSAM
         PIN-788815

         4: SUBRATA NATH @ NIPU
         S/O LATE KSHITISH CHANDRA NATH
         R/O BHAIRABPUR PT-I
         P.O.-KALAIN
         P.S.-KALAIN
         DIST- CACHAR
         ASSAM
                                                                  Page No.# 2/3

           PIN-788815

          5: AMIT NATH
          S/O LATE KSHITISH CHANDRA NATH
          R/O BHAIRABPUR PT-I
          P.O.-KALAIN
          P.S.-KALAIN
          DIST- CACHAR
          ASSAM
          PIN-788815
          VERSUS

          THE STATE OF ASSAM AND ANR
          REPRESENTED BY THE PUBLIC PROSECUTOR
          ASSAM

          2:SMT. SHOBA RANI NATH
          W/O SRI RANJIT NATH
           R/O BHAIRABPUR PT-I
           P.O.-KALAIN
           P.S.-KALAIN
           DIST- CACHAR
          ASSAM
           PIN-788815
           ------------
          Advocate for : MR A B DEY
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

11.11.2024

Mr. A. B. Dey, learned counsel for the applicant and Mr. D. P. Gowami, learned Additional Public Prosecutor.

This is an application under Section 442/438 of BNSS against the judgment and order date 30.07.2024 passed by the learned Additional Sessions Judge (FTC), Cachar, Silchar in Criminal Appeal No. 14/2020 affirming the Page No.# 3/3

judgment of the trial court and modifying the sentence whereby the accused was convicted under Section 147/323/325/149 IPC.

It is submitted by the learned counsel for the petitioner that the petitioner was on bail during trial and appeal as such the petitioner may be allowed to remain on previous bail or to go on bail.

Mr. D. P. Goswami, learned Additional Public Prosecutor has made no objection to release the petitioner on bail.

In view of the above, without going into the merit of the case and considering the sentence imposed against the petitioner, the petitioner is allowed to go on bail of Rs.30,000/- with a surety of like amount to the satisfaction of learned SDJM, Cachar, Silchar.

During pendency of the appeal the operation of Criminal Appeal No.14/2020 and GR Case No. 2542/2003 shall remain suspended.

Accordingly, the interlocutory application stands disposed of.

JUDGE

Comparing Assistant