Quashed

Eliasur Rahman Babar and 2 Ors. v. the State of Assam

Gauhati HC2 Feb 2023Crl.Rev.P./43/2023

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a revision petition challenging an order directing surrender for sentence after suspended appeal. The bench held that the trial court erred in interpretation while the appeal was pending, and set aside the impugned order.

What did the court decide?

Impugned order dated 07.01.2023 passed by the Sessions Judge, Chirang in Crl. A. 03/2022 is set aside.

Eliasur Rahman Babar and 2 Ors. Vs the State of Assam — Execution and Attachment | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010013332023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Rev.P./43/2023

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ELIASUR RAHMAN BABAR AND 2 ORS. S/O ABDUL KADER MIAH R/O VILL- BIDYAPARA PT.II, (WEST B.N. COLLEGE), P.O. AMCO ROAD, P.S. DHUBRI, ASSAM

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2: MD. ANISUR RAHMAN S/O ABDUL KADER MIAH R/O VILL- BIDYAPARA PT.II

(WEST B.N. COLLEGE)

P.O. AMCO ROAD

P.S. DHUBRI ASSAM

3: MD. JIYAUR RAHMAN S/O ABDUL KADER MIAH R/O VILL- BIDYAPARA PT.II

(WEST B.N. COLLEGE)

P.O. AMCO ROAD

P.S. DHUBRI ASSA

VERSUS

THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR D TALUKDAR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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02.02.2023

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Heard Mr. D. Talukdar, learned counsel for the petitioners and Mr. P. Borthakur, learned Addl. P.P., Assam.

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This is an application under Section 397 CrPC, whereby the order dated 07.01.2023 passed by the learned Sessions Judge, Chirang in Crl. A. 03/2022 is under challenge.

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The criminal appeal was admitted for hearing and the sentence was suspended by the appellate court. Thereafter 6 months lapsed. Therefore, the appellate court held that after elapse of 6 months, stay cannot operate. Accordingly, the appellate court directed the petitioners/appellants to surrender before the trial court for serving out the sentence imposed upon them.

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Mr. Talukdar, learned counsel for the petitioners submits that the appeal is still pending. The appellate court wrongly interpreted the judgment of the Supreme Court reported in (2018) 16 SCC 299 . It is further submitted that the aforesaid direction of the Supreme Court relates to only trial of the case against interlocutory order.

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I have considered the submissions made by the learned counsel for the parties.

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I have decided to agree with the submission of Mr. Talukdar, learned counsel for the petitioner. The learned trial court has wrongly interpreted with the provisions of law and directed the appellants to surrender for serving out the sentence while the appeal is still pending. Therefore, the impugned order dated 07.01.2023 passed by the

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learned Sessions Judge, Chirang in Crl. A. 03/2022 is set aside.

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The criminal revision petition is disposed of.

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JUDGE

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Mkk

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Comparing Assistant

Eliasur Rahman Babar and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Eliasur Rahman Babar and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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