Nilkamal Rishi v. The State of Assam and Anr

ORDER

26.06.2024 Heard Mr. S. C. Biswas, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. This application filed under Sections 389 of the Code of Criminal Procedure, 1973 praying for suspension of sentence and granting bail to the applicant during the pendency of the criminal appeal. It is to be mentioned here that the applicant has already filed one appeal, being Crl.A. No.198/2024 against the impugned Judgment and Order dated

04.06.2024 passed by the learned Sessions Judge, Baksa, Mushalpur in Sessions Case No.45/2018, convicting the accused applicant to undergo R.I. for 3(three) years under Section 489 (C) of IPC and a fine of Rs.2000/- (Rupees two thousand) only and in default of payment of fine S.I. for another 3(three) months. It is submitted by the learned counsel for the applicant, Mr. Biswas, that the present applicant has preferred an appeal within the statutory period of limitation. More so, there are good grounds of bail and there is every chance of succeeding in the appeal and accordingly, prayed for suspension of sentence and allowing the applicant to go on bail till disposal of the connected appeal. Further it is submitted that the accused/applicant is a permanent resident of his addressed locality and there is no chance of absconding if the accused is enlarged on bail by suspending the sentence imposed on him. Page No.# 3/3 In this regard, Mr. Sarma, learned Additional Public Prosecutor has raised no objection on the prayer made by the learned counsel for the applicant. Considering the submissions of learned counsels for both sides and for the ends of justice, I find it appropriate to suspend the further sentence and to allow the present applicant to remain on bail till disposal of the connected Criminal Appeal No.198/2024. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Sessions Judge, Baksa, Mushalpur, the applicant, namely, Nilkamal Rishi, be enlarged on bail. In the meantime, the learned counsel for the petitioner is hereby directed to submit a compliance report before this Court. In terms of above, this interlocutory application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010121472024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/590/2024 NILKAMALoRISHI S/OoLATEoSANKAoRISHI oVILL.-oSATBHANIoTUP oP.S.-oBARPETAoROAD oDIST.-oBARPETA oASSAM oPIN-o781315. oVERSUS THEoSTATEoOFoASSAMoANDoANR. REP.oBYoTHEoP.P. oASSAM. 2:ANILoKUMARoMAZUMDAR S/OoLATEoANANDIRAMoMAZUMDAR o VILL.-oBELLA oP.S.-oBELLA oDIST.-oMUZAFARPUR oBIHAR oPIN-o842001. o------------ oAdvocateoforo:oMR.oSoCoBISWAS Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR. ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA