The Gauhati High Court granted bail to the appellant, a woman convicted under Sections 307 and 324 IPC. She was released upon furnishing a bail bond of Rs. 15,000 with one surety to be approved by the trial court.
Appellant released on bail bond of Rs. 15,000 with one surety pending disposal of Criminal Appeal No. 217/2019.
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GAHC010127582019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.) 446/2019
1:HEMA PRAVA MEDHI D/O- GOLOK DEKA, W/O- SIVA MEDHI, R/O- VILLAGE- CHENGELIPARA(PUNIA), P.S.MANGALDAI, DIST- DARRANG(ASSAM).
VERSUS
1:THE STATE OF ASSAM AND ANR. REPRESENTED BY PP, ASSAM.
2:SIVA MEDHI R/O- VILLAGE- CHENGELIPARA P.S.- MANGALDAI DIST- DARRANG (ASSAM)
Advocate for the Petitioner : MS. M BUZARBARUAH
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A. 217/2019
1:SMTI. HEMA PRAVA MEDHI D/O- GOLOK DEKA W/O- SIVA DEKA
R/O- VILLAGE-CHENGELIPARA(PUNIA) P.S.- MANGALDAI DIST- DARRANG(ASSAM)
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PIN-784125.
VERSUS
1:THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM.
2:SIVA MEDHI R/O- VILL. CHENGELIPARA
P.S.- MANGALDAI DIST- DARRANG(ASSAM).
Advocate for the Petitioner : MS. M BUZARBARUAH Advocate for the Respondent : PP ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 09-12-2019
Heard Ms. M.B. Baruah, learned Legal Aid counsel for the petitioner/appellant. Also heard Mr. B.J. Dutta, learned Addl. Public Prosecutor, Assam.
By this application under Section 389 Cr.P.C., the applicant/appellant has prayed for suspension
of sentence passed by the impugned judgment and order, dated 18.12.2018 in Sessions Case No.
183(DM)/2016 by the learned Addl. Sessions Judge (FTC), Darrang, Mangaldoi against the applicant/appellant under Section 307 and 324 of the IPC.
It is seen that by the impugned judgment and order, dated 18.12.2018, passed by the learned
Sessions Judge, the applicant/appellant has been convicted and sentenced to undergo rigorous imprisonment for 5(five) years and to pay a fine of Rs. 2000/-, in default simple imprisonment for 3(three) months under Section 307 of the IPC and further, to suffer rigorous imprisonment for one
year and to pay a fine of Rs. 1000/-, in default simple imprisonment for two months under Section
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324 of the IPC.
Perusal of the record shows that the applicant/appellant, who is a lady, has been in jail custody since 18/12/2018 i.e., for about one year.
Having considered the quantum of punishment awarded against the applicant/appellant and the nature of the offences she has committed and further, she being a permanent resident of villageChengeliapara (Punia), P.S. Mangaldai, District-Darrang, Assam having her movable and immovable properties, there is no chance of her jumping from the course of justice.
In view of above, it is provided that the applicant/appellant shall be released on furnishing bail bond of Rs. 15,000/- with one surety of the like amount to the satisfaction of the learned Addl. Sessions Judge, FTC, Darrang at Mangaldai.
The above order shall remain in force till disposal of the Criminal Appeal No. 217/2019.
Accordingly, the interlocutory application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the sentence passed under Sections 307 and 324 IPC should be suspended pending disposal of criminal appeal.
3 provisions across 2 enactments
HEMA PRAVA MEDHI
THE STATE OF ASSAM
SIVA MEDHI
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
