Zodu Miya vs State Of Assam
2024 Latest Caselaw 8411 Gua

Gauhati High Court

Zodu Miya vs State Of Assam on 18 November, 2024

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GAHC010208822024




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


                                      Case : I.A.(Crl.)/980/2024

            ZODU MIYA
            S/O. PAGLA SHEIKH
            R/O. VILL.- KHOIRABARI
            P/S.- AMGURI
            DIST.- CHIRANG. VASSAM
            PIN-783393.


            VERSUS

            STATE OF ASSAM
            REP. BY THE PP
            ASSAM.


            ------------
            Advocate for : MR Z ALAM
            Advocate for : PP
            ASSAM appearing for STATE OF ASSAM



                                  BEFORE
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

Date : 18.11. 2024 Heard Mr. Z. Alam, learned counsel for the applicant and Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam, appearing on behalf of the State respondent.

This is an application under Section 430 of BNSS, 2023 for suspension of sentence and to allow the accused to remain on previous bail.

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It is submitted that the accused/ applicant was convicted and sentenced vide impugned judgment and order dated 19.09.2024, passed by the learned Sessions Judge, Chirang, Kajalgaon in Sessions Case No. 07/2024 arising out of Amguri P.S. Case No. 09/2024 under Section 341/ 326/307 IPC convicting the accused/ appellant under Section 324 IPC and sentenced him to undergo S.I. for one year with fine of Rs. 10,000/- in default to suffer S.I for one month.

It is also submitted that the accused/ applicant was on previous bail and during trial he is on previous bail. The accused/ applicant may be allowed to remain on previous bail till disposal of this criminal appeal.

The learned Addl. PP has no objection.

Considering the submission of the learned counsel for both the parties, the sentence imposed on the accused/ applicant vide impugned judgment and order dated 19.09.2024, passed by the learned Sessions Judge, Chirang, Kajalgaon in Sessions Case No. 07/2024 is hereby stayed till disposal of the connected appeal and accused is allowed to remain on previous bail till the criminal appeal is disposed of.

With the above observations and direction, the I.A. stands disposed of.

JUDGE

Comparing Assistant