Jayanta Bharali vs The State Of Assam
2025 Latest Caselaw 4096 Gua

Gauhati High Court

Jayanta Bharali vs The State Of Assam on 13 March, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                           Page No.# 1/2

GAHC010024672025




                                                    undefined

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

         I.A.(Crl.)/235/2025

         JAYANTA BHARALI
         S/O LATE UMA BHARALI
         R/O VILL- MIRZA
          SANTIPUR P.S.
         PALASHBARI
          DIST. KAMRUP
          ASSAM
          PIN CODE-781
         PHONE -7002332428


          VERSUS

         THE STATE OF ASSAM
         REPRESENTED BY THE PUBLIC PROSECUTOR
         GOVT. OF ASSAM


         ------------
         Advocate for : MR. J KALITA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
                                                                             Page No.# 2/2



                                     :: BEFORE ::
                 HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                     O R D E R

13.03.2025

Heard Mr. J. Kalita, the learned counsel appearing for the applicant. Also heard Mrs. N. Das, the learned Addl. Public Prosecutor, Assam.

2. This is an application under Section 430 of the BNSS, 2023 praying for suspension of sentence passed by the learned Sessions Judge, Kamrup, Amingaon in Criminal Appeal No.30/2023 arising out of the judgment dated 22.06.2023 passed by the Judicial Magistrate First Class, Kamrup, Amingaon in C.R. Case No.201/2018 whereby the present petitioner Jayanta Bharali was sentenced to undergo 3(three) months of imprisonment and to pay a fine of ₹1,000/- with default stipulation.

3. I have gone through the judgments in the light of the prosecution story.

4. The application is allowed.

5. The sentence imposed upon the aforesaid present petitioner by the learned JMFC, Kamrup, Amingaon in C.R. Case No.201/2018, which was upheld by the learned Sessions Judge, Kamrup, Amingaon in Criminal Appeal No.30/2023 shall remain suspended till disposal of the connected Criminal Revision Petition.

6. The petitioner Jayanta Bharali shall remain on previous bail till disposal of the connected petition.

With the aforesaid direction, the present Interlocutory Application is allowed.

JUDGE

Comparing Assistant