Bishnu Prasad Rajbhar v. The State of Assam and Anr

ORDER Date : 18.11.2024

Heard Mr. H. Das, learned counsel for the applicant. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent.

¶2This is an application under Section 430 of the BNSS praying for suspension of sentence imposed on the present applicant vide judgment and order dated 09.08.2023, passed by the learned Judicial Magistrate 1st Class, Bongaigaon, Assam in NICR Case No. 22/2022, under Section 138 of the N.I. Act, as well as for suspension of sentence and order dated 18.09.2024, passed by the learned Sessions Judge, Bongaigaon in Criminal Appeal No. 22/2023, whereby the payment of fine of Rs. 3,60,000/- under Section 138 of N.I. Act in default to undergo S.I. for 4 (four) months remain intact.

¶3It is submitted by Mr. Das, learned counsel for the applicant, that vide the impugned judgment and order dated 09.08.2024, the present petitioner was sentenced to undergo S.I. for 6 (six) months along with a fine of Rs. 3,60,000/- in default S.I. for another 4 (four) months. However, vide impugned judgment Page No.# 3/4 and order dated 18.09.2024, the learned Session Judge has modified the order and sentence and the applicant was sentenced to pay a fine of Rs. 3,60,000/- under Section 138 of the N.I. Act in default to undergo S.I. for 4 (four) months. He further submitted that the accused/applicant is in custody since 22.10.2024 and accordingly prayed for release of the accused/applicant on bail till disposal of the connected criminal revision petition, being Crl. Rev. P. No. 460/2024 by suspending the sentence imposed on him. He further submitted that during the entire trial, the accused/applicant was on bail and he never jumped over any condition of the bail. More so, he is already in custody for last 22 days and if he remains in further custody, the very purpose of filing the said connected criminal revision petition will become infructuous.

¶4Considering the submissions made by the learned counsel for the applicant as well as the other aspects of the case, I find it appropriate to allow this interlocutory application. Accordingly, the operation of the sentence passed by the learned Judicial Magistrate 1st Class, Bongaigaon, Assam in NICR Case No. 22/2022, under Section 138 of the N.I. Act, vide judgment and order dated

09.08.2023, as well as the judgment and order dated 18.09.2024, passed by the learned Sessions Judge, Bongaigaon in Criminal Appeal No. 22/2023, shall remain suspended till disposal of the connected criminal revision petition, being Crl. Rev. P. No. 460/2024.

¶5Further, the applicant is hereby allowed to go on bail on his executing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Bongaigaon, Assam. Page No.# 4/4

¶6In terms of above, this interlocutory application stands disposed. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010238862024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/1097/2024o BISHNUoPRASADoRAJBHAR S/OoLATEoLALDEOoRAJBHARoR/OoRLY.oQTR.oNO.oE/109/A oB.G.oCOLONY oP.O.oANDoP.S.oFAKIRAGRAMoDIST.oKOKRAJHAR oASSAMoPIN-783345 oVERSUS THEoSTATEoOFoASSAMoANDoANR REPRESENTEDoBYoTHEoPP oASSAM 2:PINTUoKUMARoCHAUDHARY S/OoLATEoGAURIoSHANKARoCHAUDHARYoR/OoNEWoBONGAIGAON oSTATIONoMARKET oP.O.oNEWoBONGAIGAON oP.S.oANDoDIST.oBONGAIGAON oASSAM o------------ oAdvocateoforo:oMRoHoDAS Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA