Arjun Koiry v. The State of Assam and Anr

ORDER Date : 10.06.2024 Heard Mr. T. Deuri, learned counsel for the applicant. Mr. B. Sarma, learned Public Prosecutor for the State/respondent No.1.

¶2This is an application under Section 389 Cr.P.C. praying for granting bail by suspending sentence pending appeal to the applicant in connection with the judgment and order dated13.10.2023 passed by the learned Additional Sessions Judge-2 (FTC), Tinsukia, Assam, in connection with Sessions Case No. 15(T)/2022, wherein the applicant was convicted and sentenced him to undergo Page No.# 3/4 imprisonment for 6(six) months for the offence under Section 448 IPC and 3(three) years for the offence under Section 354 IPC.

¶3The learned counsel for the applicant submits that the applicant may be allowed to remain on previous bail or to go on fresh bail, till disposal of the appeal.

¶4On the other hand, Mr. Sarma, learned Additional Public prosecutor submits that he has no objection if the prayer of the applicant is allowed.

¶5I have considered the submissions made by the learned counsel for the parties as well as perused the judgment of the learned trial court.

¶6Considering the sentence imposed by the learned trial court, without further going into the merit of the case, prayer of the applicant is allowed.

¶7Accordingly, the appellant-applicant, named above, shall be released on bail suspending the sentence during appeal in connection with Sessions Case No. 15(T)/2022, under Section 448/354 IPC, subject to the following conditions :

(i) The applicant shall furnish a bail bond of Rs.50,000/- with two suitable sureties each of the like amount to the satisfaction of the learned Additional Sessions Judge-2 (FTC), Tinsukia, Assam.

(ii) The learned Additional Sessions Judge-2 (FTC), Tinsukia, Assam will be at liberty to impose any condition(s) while granting bail to the applicant.

¶8Nothing in this order shall be construed as an expression of opinion Page No.# 4/4 on the merits of the pending criminal appeal.

¶9In view of the above, interlocutory application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010022172024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./169/2024 ARJUN KOIRY S/O- LATE BANDHAN KOIRY, R/O- PHILLOBARI LINE, TALAP, P.S.- DOOMDOOMA, DISTRICT- TINSUKIA, ASSAM, PIN-786151. VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP, ASSAM. 2:SMTI. PADMINI GOWALA W/O- LT. ANANDA GOWALA R/O- TALAP T.E. PULIBARILINE P.S.- DOOMDOOMA DIST- TINSUKIA ASSAM.PIN- 786151 Advocate for the Petitioner : MR. T DEURI Advocate for the Respondent : PP, ASSAM Linked Case : I.A.(Crl.)/509/2024 ARJUN KOIRY S/O- LATE BANDHAN KOIRY R/O- PHILLOBARI LINE Page No.# 2/4 TALAP PS.- DOOMDOOMA DIST- TINSUKIA ASSAM. PIN- 786151. VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM. 2:SMTI. PADMINI GOWALA W/O- LATE ANANDA GOWALA R/O- TALAP T.E. PULIBARI LINE P.S- DOOMDOOMA DIST- TINSUKIA ASSAM PIN- 786151. ------------ Advocate for : MR. T DEURI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI