Sh. Zosangzuala v. Central Bureau of Investigation (Cbi)

ORDER BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

07.03.2024

Heard Mr. Lalfakawma, learned counsel for the applicant, who submits that the applicant by filing this application under Section 389 of the Cr.PC prays for suspension of the sentence and stay of realization of fine and release of the applicant on bail pending disposal of the connected Criminal Appeal filed by the applicant against the Judgment & Order dated 02.02.2024 and the Sentence Order dated 05.02.2024. The learned counsel submits that prior to conviction of the applicant, he was all along on bail during the entire trial and that since the sentence imposed upon the applicant is more than three (3) years, he could not apply for bail before the Trial Court in terms of Section 389 pending presentation of the appeal. The learned counsel submits that two (2) other co-accused persons have been released on bail by this Court after the sentence imposed upon them have Page No.# 3/3 been suspended. The learned counsel therefore submits that similar benefit may be granted to the present applicant. Considering the above submission and upon perusal of the contents of the application, the impugned Order of Sentence dated 05.02.2024 in so far as the applicant is concerned is hereby suspended till disposal of the connected appeal. The applicant is allowed to go on bail upon furnishing a bail bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned Trial Court. I.A accordingly stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC030001482024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/10/2024 Sh. Zosangzuala S/o Lalzuia (L) R/o Chanmari, Aizawl District, Mizoram. VERSUS Central Bureau of Investigation (CBI) r/b The Special Public Prosecutor Office of the Head of Branch, CBI, ACB Imphal Branch, Near DC Office, Imphal West District, Lamphelpat Post Office - 795004 Advocate for the Petitioner : Mr Lalfakawma Advocate for the Respondent : Linked Case : Crl.A./12/2024 Sh. Zosangzuala S/o Lalzuia (L) R/o Chanmari Aizawl Mizoram. VERSUS Central Bureau of Investigation (CBI) r/b The Special Public Prosecutor Office of the Head of Branch CBI ACB Imphal Branch Page No.# 2/3 Near DC Office Imphal West District Lamphelpat Post Office - 795004 Advocate for the Petitioner : Mr Lalfakawma Advocate for the Respondent :