Aga Nampe v. The State of Ap and 2 Others

ORDER Date : 16-08-2023 Heard Mr. P. Taffo, the learned counsel for the petitioner and Ms L. Hage, the learned Additional Public Prosecutor for the State respondent.

This is an application under Section 397 of the Code of Criminal Procedure, 1973 for suspension of judgment and order dated 08.06.2023 passed by the learned Sessions Court, West Kameng District in Criminal Appeal No.01/2022 Aga Nampe Vs. State of Arunachal Pradesh and to release the applicant on previous bail granted vide order dated 18.07.2023 by the Court of learned Chief Judicial Magistrate, Seppa passed in G.R. Case No.37/2023 allowing the applicant to remain on bail for 30 days from 18.07.2023 to enable the applicant to prefer the appeal against the judgment and order dated 08.06.2023 in Criminal Appeal No.01/2022 passed by the learned Sessions Court, West Kameng District upholding the conviction of the applicant under Section 352/34 IPC and thereby sentencing the applicant to undergo simple imprisonment for 2 months and also under Section 387/34 IPC read with Section 511 IPC sentencing the applicant to undergo 2 years of simple imprisonment in G.R. Case No.18/2021 arising out of Seppa P.S. Page No.# 4/5 Case No.17/2021.

The revision petition filed by the applicant/revision petitioner being criminal revision petition 18 (AP)/2023 challenging the judgment and order dated 06.08.2023 passed in criminal appeal No. 01/2022 arising out of Seppa P.S Case No.17/2021 in G.R. Case No.18/2021 has been admitted for hearing.

The learned counsel for the applicant/revision petitioner contends that the victim, who was examined as PW-3 in the trial though have stated that the applicant chased him by holding a Dao which made him to run towards the Diwana hotel, wherein, he was stopped by one Buke Flago, who was approaching from the opposite side in his scorpio vehicle whereafter the miscreant/applicant left the place, there is no statement made by the victim/PW-3 that as a result of the victim/PW-3 being chased by the applicant he was made to deliver any property or valuable security, so as to attract the offence of extortion as defined under Section 383 of the IPC.

On consideration of the contentions raised above and also having regard to the fact that the applicant was on bail during the trial of the case and no instance of violation of any condition of bail by the applicant was brought to the notice of the Court at any stage and also having regard to the quantum of sentence passed by the Page No.# 5/5 convicting Court, I am of the considered view that this application be allowed.

Accordingly, pending disposal of the revision petition, execution of sentence passed by the trial Court which has been up-held by the appellate Court of learned Sessions Court, Bomdila in criminal appeal No. 01/2023 arising out of Seppa P.S. Case No.17/2021 in G.R. Case No. 18/2021 shall remain suspended in so far as the applicant is concerned.

The Interlocutory application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/5 GAHC040010642023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/52/2023 Aga Nampe S/o Shri Taking Nampe, R/o Village Nampe, Presently residing at Type III Colony, P/o P/s Seppa, East Kameng District, Arunachal Pradesh VERSUS The State of AP and 2 Others represented by the Public Prosecutor, Arunachal Pradesh. 2:Sanjay Kumar Mahaseth Age: 0 Occupation : 3:Loli Dolo Age: 0 Occupation Advocate for the Petitioner : Pritam Taffo Advocate for the Respondent : P P of AP Linked Case : Crl.Rev.P./18/2023 Aga Nampe Age: 28 Page No.# 2/5 Occupation : Address:S/o Shri Taking Nampe R/O Village Nampe Presently residing at Type III Colony P/o P/s Seppa East Kameng District Arunachal Pradesh. VERSUS The State of AP and 2 Others Age: 0 Occupation : Address:represented by the Public Prosecutor Arunachal Pradesh. 2:Sanjay Kumar Mahaseth Age: 0 Occupation : Address:C/O Shri Chandro Sonam Residing at Ato Polo Colony P/o P/s Seppa District East Kameng Arunachal Pradesh. 3:Loli Dolo Age: 0 Occupation : Address:(Pangia Complex Caretaker) son of late Pee Dolo Bazaar Line Seppa PO/PS Seppa District East Kameng Arunachal Pradesh. ------------ Advocate for : Pritam Taffo Advocate for : P P of AP appearing for The State of AP and 2 Others: Advocate , , appearing for 2, 3, respectively. Page No.# 3/5 BEFORE HONBLE MR. JUSTICE NANI TAGIA