Nityananda Barman @ Bulu Barman vs The State Of Assam And Anr
2024 Latest Caselaw 8409 Gua

Gauhati High Court

Nityananda Barman @ Bulu Barman vs The State Of Assam And Anr on 18 November, 2024

                                                                 Page No.# 1/2

GAHC010209562024




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


                         Case : I.A.(Crl.)/962/2024

         NITYANANDA BARMAN @ BULU BARMAN
         S/O. LATE KISHOR BARMAN
         VILL- DOLOICHERRA
         P/S. JOYPUR
         DIST.- CACHAR
         ASSAM.


          VERSUS

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

         2:MANIK DAS
         S/O. LATE MONORANJAN DAS
         VILL.- UTTAR DOLOICHERRA COLONY
          P/O. EAST KANAKPUR
          P/S. JOYPUR
          DIST.- CACHAR
         ASSAM
          PIN-788107
          ------------
         Advocate for : MR. A H M R CHOUDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
                                                                                  Page No.# 2/2

                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                             ORDER

Date : 18.11. 2024 Heard Mr. A.H. M.R. Choudhury, learned counsel for the applicant and Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam, appearing on behalf of the State respondent No. 1.

This is an application under Section 430 of BNSS, 2023 for bail in connection with impugned judgment and order dated 26.07.2024 and order of sentence dated 30.07.2024, passed by the learned Sessions Judge, Cachar, Silchar in Sessions Case No. 86/2017 whereby the accused/ appellant was convicted under Section 376 IPC and sentenced him to undergo R.I. for seven years and also to pay fine of Rs. 5,000/- in default of payment of fine to undergo S.I for six months

The appeal is admitted for hearing.

Call for the LCR. Issue usual notice to the respondent No.2 by registered post with A/D as well as usual process, returnable within four weeks.

Steps be taken within three days.

No formal notice is required to be served upon the State respondent No. 1 as Mr. Baruah has entered appearance and accepted notice on behalf of the respondent.

However extra copy be furnished.

Mr. Goswami has submitted that the State will file objection against the prayer of the applicant.

List the matter accordingly after four weeks.

In the meantime, the opposite party State may file objection.

JUDGE

Comparing Assistant