The Gauhati High Court allowed an application under Section 389 Cr.P.C., 1973, for suspension of sentence and release on bail. The court observed the applicant had served over half the punishment and ordered his bail against a bond of Rs. 30,000.
The applicant is released on bail by furnishing a bond of Rs. 30,000 with a suitable surety.
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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GAHC010149242023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A(Crl) 771/2023 in Crl.A./316/2023
ANKUR DEKA
S/O- BIREN DEKA, R/O- VILLAGE NAKHONDA, P.S.- RAHA, DISTRICT- NAGAON, ASSAM.PIN782001.
VERSUS
STATE OF ASSAM AND ANR. REPRESENTED BY PP, ASSAM.
2:SAILENDRA DEKA S/O- SRI HALIRAM DEKA R/O- VILLAGE NAKHANDA P.S.- RAHA DISTRICT- NAGAON ASSAM
Advocate for the Petitioner : MR. M K DAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 09.10.2023
Heard Mr. M K Das, learned counsel for the applicant and Ms. S H Bora, learned Addl. PP, appearing for the State of Assam.
This is an application under section 389 Cr.P.C, 1973 filed for
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suspension of sentence and for release of the applicant on bail during the pendency of the connected criminal appeal, assailing the judgment and order dated 15.09.2021 passed by the learned Additional District and Sessions Judge No.1, Kamrup (M), Assam, in Sessions Case No.118/2016 whereby the present applicant was convicted under section 380 IPC and was sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.3,000 in default to payment of fine to undergo simple imprisonment for one month.
The applicant is behind the bar for more than 2 (two) years and till now he has completed more than half of the total punishment. Considering the aforesaid fact the present application stands allowed. The applicant, above named, be released on bail on furnishing a bail bond of Rs.30,000/- with a suitable surety of the like amount to the satisfaction of the learned Additional District & Sessions Judge No.1, Kamrup (M).
In terms of the above, the interlocutory application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the applicant is eligible for suspension of sentence and release on bail pending the pendency of his criminal appeal considering he has served more than half of the total punishment.
1 provisions across 1 enactments
ANKUR DEKA
STATE OF ASSAM
ARUN DEV CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
