Akkash Mollah v. The State of Assam

ORDER Date : 21.08.2024 Heard Mr. Z. Kamar, the learned Senior Counsel assisted by Mr. A. Shorif appearing for the applicant as well as Mr. D. Das, the learned Additional P.P. for the State of Assam.

¶2This is an application u/s 389 (2) of the Code of Criminal Procedure praying for suspension of sentence, stay of realization of fine and for releasing the applicant on bail.

¶3The applicant was convicted u/s 304 Part-II of the Indian Penal Code vide judgment dated 19.02.2024 passed by the learned Sessions Judge, Barpeta in Session Case No. 338/2015. He was sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 5,000/- with default stipulations.

¶4I have gone through the judgment dated 19.02.2024 passed by the learned Sessions Judge, Barpeta.

¶5The charge sheet was filed u/s 302 of the Indian Penal Code and charge was also framed under the said section of law.

¶6On the basis of the said judgment, the trial court convicted the petitioner u/s 304 Part-II of the Indian Penal Code.

¶7After considering all the materials available before me, the petitioner at this stage does not deserve to be detained in custody for further period of time.

¶8Therefore, the operation of the judgment 19.02.2024 passed by the learned Sessions Judge, Barpeta in Session Case No. 338/2015 convicting the present applicant u/s 304 Part II of the IPC shall remain stayed till disposal of the connected appeal. Page No.# 3/3

¶9It is hereby directed that the applicant, namely, Akkash Mollah shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Barpeta.

¶10The interlocutory application stands disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010087902024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/479/2024 AKKASH MOLLAH S/O LATE KHURSED MOLLAH, R/O VILL.- SEORACHARA RESERVE, UNDER KALGACHIA POLICE STATION, IN THE DISTRICT OF BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR Z KAMAR, Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./110/2024 AKKASH MOLLAH S/O LATE KHURSED MOLLAH VILL.- SEORACHARA RESERVE UNDER KALGACHIA POLICE STATION IN THE DISTRICT OF BARPETA ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE P.P. ASSAM. Page No.# 2/3 ------------ Advocate for : MR Z KAMAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA