Munna Sarma v. The State of Assam and Anr

ORDER

06.03.2024

Heard Mr. P. K. Gogoi, learned counsel for the applicant. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 397 (1) of the Code of Criminal Procedure, 1973, praying for suspension of sentence and to allow the accused/petitioner on previous bail. It is submitted by the learned counsel for the applicant, Mr. Gogoi that a connected revision petition has already been filed against the judgment and order dated 01.02.2024 passed by the learned Sessions Judge, Jorhat in Criminal Appeal Case No.03/2023, whereby upheld and confirmed the judgment and order of conviction and sentence dated 07.01.2023 passed by the learned Chief Judicial Magistrate, Jorhat in PRC Case No.224/2018, wherein, the applicant was convicted under Section 354

(D) of IPC and sentenced him to undergo R.I for 1(one) year and also to pay a fine of Rs. 5,000/- (Rupees Five thousand) only and in default of payment to suffer S.I for another 2(two) months. The petitioner is further sentenced to pay another fine of Rs. 2,000/- (Rupees two thousand) only under Section 506 of IPC and in default of payment to suffer S.I. for another 1 (one) month. He also submitted that the accused/applicant is innocent and has taken sufficient ground in connected Criminal Revision Petition No.81/2024 and there is every chance of acquittal of the accused/petitioner. More so, the applicant is still under previous bail, and accordingly he prays for, suspension of the sentence imposed upon him till disposal of criminal revision petition and also submits that he will not jump over the conditions of bail, if the same is allowed. 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 01.02.2024 passed by the learned Sessions Judge, Jorhat in Criminal Appeal Case No.03/2023, whereby upheld and confirmed the judgment and order of conviction and sentence dated 07.01.2023 passed by the learned Chief Judicial Magistrate, Jorhat in PRC Case No.224/2018, wherein, the Page No.# 3/3 applicant was convicted under Section 354 (D) of IPC and sentenced him to undergo R.I for 1(one) year and also to pay a fine of Rs. 5,000/- (Rupees Five thousand) only and in default of payment to suffer S.I for another 2(two) months and the sentenced to pay another fine of Rs. 2,000/- (Rupees two thousand) only under Section 506 of IPC and in default of payment to suffer S.I. for another 1 (one) month, stands stayed/suspended till disposal of the revision petition, being Criminal Revision petition No.81/2024. 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 GAHC010045702024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/224/2024 MUNNAoSARMA S/OoSRIoBOLINoSARMAoR/OoDHEMAJIoP.O.oMACHKHOWAoP.S.oANDoDIST.o DHEMAJI oASSAM oVERSUS THEoSTATEoOFoASSAMoANDoANR REP.oBYoTHEoPP oASSAM 2:SMTI.oRISHAoBORTHAKUR D/OoPRASHANTAoBORTHAKURoR/OoMURPHULANIoBAGANoGAONoP.S.o BOGIJANoDIST.oGOLAGHAT oASSAM o------------ oAdvocateoforo:oMR.oPoKoGOGOI Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA