Abdul Salam and 3 Ors v. The State of Assam and Anr

ORDER Date : 24.05.2024 Heard the learned counsel for the parties. The present application is filed under section 389 Cr.P.C praying for suspension of the sentence dated 23.12.2019 passed by the learned Sessions Judge, Karimganj in Sessions case No.21/2010 under sections 144/148/149/326/323 IPC. The applicants were convicted and were sentenced to pay a fine of Rs.5,000/- under section 323/34 IPC and in default of payment, the appellants were to undergo simple imprisonment for three months and for conviction under section 329/34 IPC the appellants were sentenced to undergo rigorous imprisonment for two years and payment of fine of Rs.10,000 in default to undergo rigorous imprisonment for two months. The connected appeal has already been admitted and LCR has also been received. The applicants are on previous bail. Considering the period of sentence and the materials available on record, the present I.A is allowed by allowing the petitioner to remain on Page No.# 3/3 previous bail. Accordingly the I.A stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010048812020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A(Crl)o171/2023o ABDULoSALAMoANDo3oORS S/O-oLT.oABDULoSATTAR oR/O-oVILL-oSRIMANTAoKANISHAIL oP.S.oKARIMGANJ oDIST.-oKARIMGANJ oASSAM 2:oSHAFIQURoRAHMAN S/O-oLT.oABDULoSATTAR oR/O-oVILL-oSRIMANTAoKANISHAIL oP.S.oKARIMGANJ oDIST.-oKARIMGANJ oASSAM o3:oMOINAoMIA S/O-oLT.oSARKUMoALI oR/O-oVILL-oSRIMANTAoKANISHAIL oP.S.oKARIMGANJ oDIST.-oKARIMGANJ oASSAM o4:oAFTARoALIo@oFAKKARoALI S/O-oLT.oSARKUMoALI oR/O-oVILL-oSRIMANTAoKANISHAIL oP.S.oKARIMGANJ oDIST.-oKARIMGANJ oASSAM oVERSUS THEoSTATEoOFoASSAMoANDoANR REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR oASSAM Page No.# 2/3 2:TAJAMUL ALI S/O- SURUJ ALI R/O- VILL- NAYAGRAM SRIMANTA KANISHAIL P.S. KARIMGANJ DIST.- KARIMGANJ ASSAM ------------ Advocate for : MR. S C BISWAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY