Omar Sheikh @ Amar Ali and 2 Ors v. The State of Assam

ORDER

18.01.2024 Heard Mr Z Alam, learned counsel for the petitioners, 1) Omar Sheikh @ Amar Ali, 2) Samar Sheikh @ Samar Ali and 3) Mahar Sheikh @ Mahar Ali.

¶2The petitioners have filed this application under Section 389 of the CrPC, with Page No.# 2/2 prayer for suspension of the order of conviction and sentence dated 05.01.2021, passed by the learned SDJM(M), Bajali, in connection with GR Case No. 549/2016, arising out of Barpeta PS Case No. 1151/2016. The petitioners were convicted and sentenced to undergo SI for one month and to pay a fine of Rs. 500/- for offence punishable under Section 447 IPC and further to undergo SI for six months and to pay a fine of Rs. 500/- with default stipulation, for the offence under Section 323 IPC. This conviction and sentence was upheld by the learned Sessions Judge, Bajali, Pathsala, vide order dated

08.08.2023, in connection with Criminal Appeal No. 2/2021 and Criminal Appeal No. 3/2021.

¶3Heard Mr D P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶4The learned Additional Public Prosecutor has accepted notice on behalf of respondent/State of Assam. So, no formal notice is required to be issued to the respondent. However, sufficient copies be furnished to the respondent.

¶5I have considered the submissions at the Bar.

¶6The Judgment and Order of conviction and sentence, mentioned above, is stayed until further order(s) and the petitioners are allowed to remain on previous bail.

¶7Interlocutory Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010001082024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/56/2024 OMAR SHEIKH @ AMAR ALI AND 2 ORS S/O LATE MANIK SHEIKH R/O VILL.-LUWASUR MOUZA-BHAWANIPUR P.S. AND DIST.-BARPETA ASSAM PIN-781318. VERSUS THE STATE OF ASSAM REP. BY PP ASSAM ------------ Advocate for : MR Z ALAM Advocate for : appearing for THE STATE OF ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND