Gauhati High Court

Karuna Rabha vs The State Of Assam And Anr on 6 May, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                         Page No.# 1/3

GAHC010080202022




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

                                 Case No. : I.A.(Crl.)/211/2022

            KARUNA RABHA
            S/O SIBARAM RABHA, RESIDENT OF VILLAGE OUGURI, PS CHAYGAON,
            DIST KAMRUP , ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP ASSAM

            2:BIKASH RABHA

             S/O LATE SANURAM RABHA
             RESIDENT OF VILLAGE OUGURI
             PS CHAYGAON
             DIST KAMRUP
             ASSA

Advocate for the Petitioner   : MR. B DEKA, MR P DAS,A DAS,MR P PRAWAR

Advocate for the Respondent : PP, ASSAM, MS. L DEVI (LEGAL AID COUNSEL FOR R-2)

             Linked Case : Crl.A./83/2022

            KARUNA RABHA
            S/O SIBARAM RABHA

            RESIDENT OF VILLAGE OUGURI
            PS CHAYGAON
            DIST KAMRUP
            ASSAM
                                                                                      Page No.# 2/3

             VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP ASSAM

            2:BIKASH RABHA

            S/O LATE SANURAM RABHA

            RESIDENT OF VILLAGE OUGURI
            PS CHAYGAON
            DIST KAMRUP
            ASSAM
            ------------
            Advocate for : MR. B DEKA
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR



                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                            ORDER

Date : 06.05.2025

Heard Mr. P Das, the learned counsel appearing for the applicant. Also heard Mr. B Sarma, the learned Additional Public Prosecutor appearing for the State of Assam as well as Ms. L Devi, the learned Legal Aid Counsel appearing for the respondent No.2.

2. This application has been filed under Section 389 (2) of the Code of Criminal Procedure, 1973 praying for suspension of sentence imposed upon the applicant Karuna Rabha by the learned Additional Session Judge, Kamrup at Amingaon in Sessions Case No. 41/2018.

3. The applicant was convicted under Section 304 Part-II of the Indian Penal Code and he was sentenced to undergo rigorous imprisonment for 8 (eight) years.

4. Mr. Das has submitted that the applicant has already completed 3 (three) months in custody.

5. I have considered the submissions made by the learned counsel of both sides. I have also gone through the impugned judgment.

6. This Court is of the opinion that the prayer of the applicant deserves to be accepted.

7. Therefore, it is hereby directed that the sentence imposed upon the applicant Karuna Rabha Page No.# 3/3

by the learned Additional Session Judge, Kamrup at Amingaon in Sessions Case No. 41/2018 shall remain stayed till disposal of the connected appeal.

8. The applicant Karuna Rabha is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Session Judge, Kamrup at Amingaon.

With the aforesaid direction, the IA stands disposed of.

JUDGE

Comparing Assistant