Belun @ Balen Roy vs The State Of Assam
2024 Latest Caselaw 6448 Gua

Gauhati High Court

Belun @ Balen Roy vs The State Of Assam on 30 September, 2024

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GAHC010173332024




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

                                  Case No. : Crl.Rev.P./391/2024

            BELUN @ BALEN ROY
            S/O LATE PENDARAM ROY, R/O VILL.-PADMABIL, P.O.-GOSSAIGAON, P.S.-
            GOSSAIGAON, DIST.-KOKRAJHAR (BTAD), ASSAM, PIN-783360.



            VERSUS

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



Advocate for the Petitioner   : MR P K DAS,

Advocate for the Respondent : ,




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                            ORDER

30.09.2024

1. Heard learned counsel Mr. P. K. Das for the petitioner Belun @ Balen Roy.

2. This application has been filed by the petitioner under Sections 438/442 of Page No.# 2/3

the BNSS, 2023 read with Article 227 of the Constitution of India challenging the

Judgment and Order dated 30.09.2023 passed by the learned Sessions Judge,

Kokrajhar upholding the Judgment and Order dated 28.07.2021 passed by the

Learned Assistant Sessions Judge, Kokrajhar in connection with Sessions Case

No. T2/10/2018 convicting the petitioner under Section 448 of the IPC and

sentencing him to undergo simple imprisonment for 6 months and convicting

him under Section 324 of the IPC and sentencing him to undergo simple

imprisonment for 1 year and both the sentences are to run concurrently.

3. The petitioner has also prayed for suspension of the sentences.

4. Heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the

respondent State.

5. I have considered the submissions at the Bar. The operation of the

impugned orders dated 30.09.2023 in connection with Criminal Appeal No.

05/2021, and the order dated 28.07.2021 in connection with T2/10/2018 are

suspended and stayed till further orders. Petitioner is thus allowed to remain on

previous bail until further orders.

6. Meanwhile, call for the records of Criminal Appeal No. 05/2021 and the

records of Sessions Case No. T2/10/2018 from the respective Courts.

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7. Revision is admitted.

List this matter on 14.11.2024.

JUDGE

Comparing Assistant