Bira Nath Patir v. The State of Assam and Anr

ORDER

07.02.2024

Heard Mr. A. Khanikar, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent No. 1. This is an application under Section 397 of the Code of Criminal Procedure, 1973, praying for suspension of sentence passed against the accused/applicant.

It is to be noted here that the applicant has already preferred one criminal revision petition, being Crl. Rev. P./37/2024, against the judgment and order dated 18.11.2023, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Criminal Appeal No.5(1)/2023 upholding the judgment and order passed by the learned SDJM(M) Dhakuakhana in P.R.C. Case No.81/2020 convicting the petitioner under Section 304A/279 of IPC and undergo R.I. for 1 (One) year with fine of Rs.1,000/-(Rupees One thousand) only in default to undergo imprisonment for 1(one) month under Section 304A of IPC and undergo R.I for a period of 1(one) month under Section 279 of IPC.

The said revision petition, being Crl. Rev. P./37/2024, has already been admitted and the record has already been called for. It is submitted by the learned counsel for the applicant, Mr. A. Khanikar that the applicant is still under previous bail, and accordingly prays for, suspension of the sentence imposed upon him.

Considering the submissions of learned counsels of both sides and also considering the facts and circumstances on the record and the grounds taken in the revision petition, I find it appropriate to allow this interlocutory application. Accordingly, the operation of the impugned judgment and order dated 18.11.2023, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Criminal Appeal No.5(1)/2023 upholding the judgment and order passed Page No.# 3/3 by the learned SDJM(M) Dhakuakhana in P.R.C. Case No.81/2020 convicting the petitioner under Section 304A/279 of IPC and undergo R.I. for 1 (One) year with fine of Rs.1,000/- (Rupees One thousand) only in default to undergo imprisonment for 1(one) month under Section 304A of IPC and undergo R.I for a period of 1(one) month under Section 279 of IPC, stands stayed/suspended till disposal of the revision petition, being Crl. Rev. P./37/2024.

Further, the applicant is allowed to remain on previous bail by abiding all the terms and conditions.

In terms of above, this interlocutory application stands disposed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010019642024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/108/2024o BIRAoNATHoPATIR S/OoLATEoMETONoPATIRoVILL-oMOINAoPARAoP.S.oGOGAMUKHoDIST.o DHEMAJI oASSAM oVERSUS THEoSTATEoOFoASSAMoANDoANR REP.oBYoTHEoPP oASSAM 2:SMTIoBANDANAoSAIKIAoCHUTIA S/OoLATEoKESWOBoCHUTIAoKEKURIoMADHUPURoP.O.oKEKURIoP.S.o DHAKUAKHANAoDIST.oLAKHIMPUR oASSAMoPIN-786003 o------------ oAdvocateoforo:oMRoAoKHANIKAR Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA