Baneswar Rabha and 2 Ors v. The State of Assam and Anr

ORDER Date : 13.02.2024

Heard Mr. M. Mahanta, learned counsel for the appellants. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State respondent. This Interlocutory Application has been filed under Section 389 of the Code of Criminal Procedure, 1973 by the appellants, namely, (1) Baneswar Rabha, (2) Sanjay Rabha, (3) Ananta Rabha praying for suspension of sentence imposed on the applicants by the judgment and order dated 14.11.2023 passed by the learned Sessions Judge, Kamrup in Sessions Case No. 17/2014 The aforesaid judgment has been impugned by the present applicants by preferring a connected criminal appeal which has been registered as Crl.A./42/2024, wherein LCR has been called for. Since the applicants are sentenced to a short duration of imprisonment of one year only the notice to the respondents is hereby dispensed with and the applicant are allowed to remain on previous bail granted by learned trial court during the pendency of connected Criminal Appeal No. 42/2024. Page No.# 3/3 This Interlocutory Application is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010011032024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooI.A.(Crl.)/136/2024 BANESWARoRABHAoANDo2oORS. S/OoSRIoDHALIoRABHA oVILL.-oCHARAIBAHA oP.S.-oBOKO oDIST.-oKAMRUP oASSAM oPIN-o781123. 2:oSANJAYoRABHA S/OoSRIoMONoMOHANoRABHA o VILL.-oCHARAIBAHA o P.S.-oBOKO oDIST.-oKAMRUP oASSAM oPIN-o781123. o3:oANANTAoRABHA S/OoLATEoKALUoRAMoRABHA o VILL.-oCHARAIBAHA o P.S.-oBOKO oDIST.-oKAMRUP oASSAM oPIN-o781123. oVERSUS THEoSTATEoOFoASSAMoANDoANR. REP.oBYoTHEoP.P. oASSAM. Page No.# 2/3 2:THANESHWAR DAS SUB INSPECTOR OF POLICE BOKO POLICE STATION DIST.- KAMRUP ASSAM PIN- 781123. ------------ Advocate for : MR. T DEURI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA