Sushil Kumar Chakma v. Central Bureau of Investigation

O R D E R

05.07.2024

Heard Mr. B. Lalramenga, learned counsel for the applicant, who has filed the instant application under Section 430(1) of the Bharatiya Nagarika Suraksha Sanhita (BNSS), 2023 for the suspension/stay of the impugned Judgment & Order dated 17.05.2024 and the impugned order dated 20.05.2024 passed by the Special Judge, P.C. Act, in SR (PCA) No.0-7/2012 arising out of CBI Case No. RCGHG 2010 A0007 u/s 120B read with 420/468/471 IPC and under section 13(2) read with 13(1) (c), (d) of the P.C. Act. during the pendency of the connected appeal and to allow the appellant/applicant to go on bail pending disposal of the connected appeal. The learned counsel for the applicant submits that the learned trial court vide its order dated 21.05.2024 in CMA Nos.10-12/2024 had granted bail to the instant applicant in terms of Section 389(3) of Cr.P.C under the following conditions : 1) Bail bond amount should be Rs.1,00,000/- (Rupees one lakh) each and surety must be like an amount to be supported by Attested copy of EPIC, having permanent residence in Aizawl Municipal area. Page No.# 5/5 2) The convicted persons should not indulge in any form of crime during their bail period. 3) This bail and bond (if any) will be valid till dt.24th July, 2024, the convicted person shall surrender themselves before this court on or before dt.24th July, 2024 for further detention in jail unless granted them on bail for pending hearing of appeal petition by the Hon'ble Appellate court or setting aside/quashing of the judgment and sentence order passed by this court. The learned counsel for the applicant submits that since bail is granted only the 24th July, 2024, he had prayed that the instant applicants may be allowed to remain on bail till the disposal of the Criminal Appeal/28 of 2024 since the applicants are permanent residence of Lawngtlai District and are not likely to abscond till the disposal of the instant Criminal appeal which he submits is likely to be set aside. Having heard the submission made by the learned counsel for the appellant, this court find s it fit to extend the bail granted to the applicants by the learned counsel for the appellants till the disposal of the Crl.Appl.28/2024, the bail amount and the conditions remain the same by suspending the sentenced Order dated 20.05.2024. Accordingly, I.A. (Crl.) NO.35 of 2024 stands allowed and disposed of.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC030004412024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Crl.)/35/2024 Sushil Kumar Chakma 2: Borcheg Image Chakma 3: Manabendra Chakma 4: Ramesh Kanti Tongchangya 5: Subhash Chakma 6: Kala Uda Tongchangya Vaseitlang-I 7: Ravi Chandra Chakma 8: Vanlalkima 9: Sumati Jiban Chakma Page No.# 2/5 10: Kripamoy Chakma 11: Jatra Mohan Chakma Borapansury-II 12: Malina Chakma 13: Rakhi Chakma 14: Jama Charan Chakma Tungasora 15: Bimala Sen Tongchangya 16: Surat Mal Tongchangya VERSUS Central Bureau of Investigation Imphal Advocate for the Petitioner : Mr B Lalramenga Advocate for the Respondent : Linked Case No. : Crl.A./28/2024 Sushil Kumar Chakma Kamalanagar-I, Lawngtlai 2: Borcheg Image Chakma 3: Manabendra Chakma Page No.# 3/5 4: Ramesh Kanti Tonchangya 5: Subash Chakma 6: Kala Uda Tongchangya Vaseitlang-I 7: Ravi Chandra Chakma 8: Vanlalkima 9: Sumati Jiban Chakma 10: Kripamoy Chakma 11: Jatra Mohan Chakma Borapansury-II 12: Malina Chakma 13: Rakhi Chakma 14: Jama Charan Chakma Tungosora 15: Bimala Sen Tongchangya 16: Surat Mala Tongchangya Lawngtla Page No.# 4/5 VERSUS Central Bureau Investigation Imphal Advocate for the Petitioner : Mr B Lalramenga Advocate for the Respondent : B E F O R E HON'BLE MRS. JUSTICE MARLI VANKUNG