Jakir Ali v. The State of Assam and Anr

ORDER Date : 13.02.2024

Heard Mr. M. P. Borah, learned counsel for the appellant. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent. This Interlocutory Application has been filed by the applicant namely, Jakir Ali under section 389 of the Code of Criminal Procedure, 1973 praying for suspension of sentence imposed on him by the judgment and order dated

30.11.2023 passed by the learned Sessions Judge Baksa in Sessions Case No. 12/2018 whereby the applicant has been convicted under Section 304 Part-II of the Indian Penal Code and has been sentenced to undergo simple imprisonment for 3 years and to pay a fine of Rs. 10,000/- and in default of payment of fine further simple imprisonment for six months. The aforesaid judgment has been impugned by the present applicant by filing a connected criminal appeal which has been registered as Criminal Appeal No. 37/2024. Since the petitioner is on bail and since he has been sentenced for a limited duration of three years only, the applicant is allowed to remain on previous bail granted to him by the learned trial court during the pendency of connected Criminal Appeal No. 37/2024. With the above observations, this Interlocutory Application is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010015162024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooI.A.(Crl.)/133/2024 JAKIRoALI S/OoLATEoFARIDoSAIKIA oVILL.-oSIMILA oP.S.-oGORESWAR oINoTHEoDISTRICToOFoBAKSA oASSAM. oVERSUS THEoSTATEoOFoASSAMoANDoANR. REP.oBYoP.P. oASSAM. 2:NIBILAoBORO W/OoLT.oUDDHABoBORO o VILL.-oPUKHURIPAR oP.S.-oGORESWAR oINoTHEoDISTRICToOFoBAKSA oASSAM. o------------ oAdvocateoforo:oMR.oM.P.oBORAH Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR. ooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA