Single line order regarding an application under Section 389(2) CrPC for suspension of sentence and bail. The court directed issuance of notice to respondent No. 2 and listed the matter after two months.
Notice to respondent No. 2 issued; matter listed after two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010220652018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.) 763/2018
1:SRI TITUL BARUAH @ AKANIJAN S/O LATE ARUN BARUAH RESIDENT OF VILLAGE LENGIBOR NO. 5 BAKUPUKHURI, PS MATHURAPUR, DIST SIVASAGAR, ASSAM
VERSUS
1:THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM
2:SRI NILAKANTHA BORA S/O LATE SIBA NATH BORA RESIDENT OF VILLAGE B. NO. 5 BAKUPUKHURI PS MATHURAPUR DIST SIVASAGAR ASSA
Advocate for the Petitioner : MR. M K DAS
Advocate for the Respondent : PP, ASSAM
Linked Case : I.A.(Crl.) 765/2018
1:SRI TITUL BARUAH @ AKANIJAN
S/O LATE ARUN BARUAH RESIDENT OF VILLAGE LENGIBOR NO. 5 BAKUPUKHURI PS MATHURAPUR DIST SIVASAGAR ASSAM
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VERSUS
1:THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM
2:SRI NILAKANTHA BORA S/O LATE SIBA NATH BORA RESIDENT OF VILLAGE B. NO. 5 BAKUPUKHURI PS MATHURAPUR DIST SIVASAGAR ASSAM Advocate for the Petitioner : MR. M K DAS Advocate for the Respondent : PP ASSAM Linked Case : Crl.A. 304/2018 1:SRI TITUL BARUAH @ AKANIJAN S/O LATE ARUN BARUAH RESIDENT OF VILLAGE LENGIBOR NO. 5 BAKUPUKHURI PS MATHURAPUR DIST SIVASAGAR ASSAM VERSUS 1:THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:SRI NILAKANTHA BORA S/O LATE SIBA NATH BORA RESIDENT OF VILLAGE B. NO. 5 BAKUPUKHURI PS MATHURAPUR DIST SIVASAGAR ASSAM Advocate for the Petitioner : MR. M K DAS Advocate for the Respondent : PP ASSAM
BEFORE HON'BLE THE CHIEF JUSTICE (ACTING)
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HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 01-10-2018
[A. K. Goswami, CJ (Acting)]
Heard Mr. M. K. Das, learned counsel appearing for the applicant. Also heard Mr. H. Sharma, learned Additional Public Prosecutor, Assam, appearing for respondent No. 1.
This is an application under Section 389(2) of the CrPC for suspension of the sentence passed against the applicant/appellant by the learned Additional Sessions Judge, Sivasagar, in Sessions Case No. 48(S-C)/2010, and for grant of bail.
Issue notice to respondent No. 2 by registered post with A/D.
List after two months.
Objection, if any, may be filed in the meantime.
JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant
1 issue framed by the court
Whether to suspend the sentence passed against the applicant.
1 provisions across 1 enactments
TITUL BARUAH
THE STATE OF ASSAM
NILAKANTHA BORA
THE CHIEF JUSTICE (ACTING)
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
