An application under Section 389 CrPC filed by an applicant convicted under Section 306 IPC was disposed of, granting her leave to remain on previous bail until the disposal of her admitted appeal.
The applicant is allowed to remain on previous bail till disposal of the connected appeal.
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GAHC010270832023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case : I.A.(Crl.)/1156/2023
BANGALI GOYARI W/O SRI DALAKHANG GOYARI VILL.- NO. 2 FULBARI P.O.- DEOSRI P.S.- RUNIKHATA DIST.- CHIRANG PIN- 783375 ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR. W/O SRI DALAKHANG GOYARI VILL.- NO. 2 FULBARI P.O.- DEOSRI P.S.- RUNIKHATA DIST.- CHIRANG PIN- 783375 ASSAM.
2:LALITA SANGMA W/O LT GAJEN MARAK
VILL.- NO. 1 FULBARI
P.S.- RUNIKHATA DIST.- CHIRANG PIN- 783375 ASSAM. -----------Advocate for : MS N HASSAN (LEGAL AID COUNSEL) Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.
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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
04.12.2023
Heard Mr. N. Hasan, learned Legal Aid counsel for the applicant also Mr. B. Sarma, learned Additional Public Prosecutor appearing for the state respondent.
This Interlocutory Application, under Section 389 of the Cr.P.C., is filed by the applicant who stood convicted under Section 306 IPC and sentenced to suffer rigorous imprisonment for a period of three years and also to pay fine of Rs. 5,000/- with default stipulation, by the learned Sessions Judge, Chirang in Sessions Case No. 31/2019.
The learned counsel for the applicant submits that the applicant was allowed to remain on previous bail by the learned court below and since the appeal has already been admitted, she may be allowed to remain on previous bail till disposal of the appeal.
Mr. B. Sarma, learned Additional Public Prosecutor submits that since the punishment imposed is three years only, he has no objection in the event of allowing the applicant to remain on previous bail.
Having heard the submission of learned Advocates of both sides and having gone through the petition and the documents placed on record, I find that the petitioner has preferred an appeal against the impugned judgment and order of conviction and the same has already been admitted and the record has already
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been called for.
In view of above, and also considering the facts and circumstances of the record the applicant is allowed to remain on previous bail till disposal of the connected appeal.
Accordingly, this Interlocutory application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the applicant can be allowed to remain on previous bail until the disposal of the pending appeal against conviction.
Whether the learned Session Court's order imposing three years rigorous imprisonment warrants reconsideration regarding bail status.
2 provisions across 2 enactments
Bangali Goyari
State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
