Chesong Enghi v. The State of Assam and Anr

ORDER

26.06.2024

¶1This Interlocutory Application has been filed by the applicant, who has preferred the connected criminal revision petition, which has been registered as Criminal Revision Petition No. 243/2024, praying for suspension of sentence imposed on the petitioner by the Court of learned Additional Chief Judicial Magistrate, Karbi-Anglong, Diphu in PRC Case No. 28/2021, which was upheld by the first Appellate Court, i.e. the Court of learned Sessions Judge, Karbi-Page No.# 3/3 Anglong, Diphu in Criminal Appeal No. 07/2023.

¶2The applicant was sentenced to undergo imprisonment for one year and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo another one month simple imprisonment.

¶3Learned counsel for the applicant has submitted that he has good ground in the connected Criminal Revision Petition, by which he has assailed the judgment of the first Appellate Court as well as the Trial Court and he is hopeful of getting a favourable verdict in the said Criminal Revision Petition.

¶4It is also submitted that as the sentence imposed on the applicant is of a short duration of one year, unless the operation of sentence is suspended during the pendency of the connected Criminal Revision Petition, he would be highly prejudice.

¶5Considering the submissions made by the learned counsel as well as considering the fact that the applicant has been sentence to undergo simple imprisonment for a short duration of one year, this Court deems it proper to suspend the operation of the sentence imposed on the applicant by the impugned order till the pendency of the connected Criminal Revision Petition.

¶6This Interlocutory Application is hereby disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010125322024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/592/2024 CHESONG ENGHI S/O ANIL ENGHI R/O LONGJON CHEDONG P.S.-DIPHU P.O.-DIPHU DIST- KARBI ANGLONG ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:KAJAL NATH S/O LATE KEDAT NATH R/O PANBARI WARD NO. 2 P.O.-DIPHU PIN-782460 P.S.-DIPHU DIST- KARBI ANGLONG ASSAM ------------ Advocate for : MR. R BORA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR IN Page No.# 2/3 Crl.Rev.P./243/2024 CHESONG ENGHI S/O ANIL ENGHI, R/O LONGJON CHEDONG, P.S.-DIPHU, P.O.- DIPHU, DIST- KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:KAJAL NATH S/O LATE KEDAT NATH R/O PANBARI WARD NO. 2 P.O.-DIPHU PIN-782460 P.S.-DIPHU DIST- KARBI ANGLONG ASSA Advocate for the Petitioner : MR. R BORA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA