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2025 DAILYLAW 19853 (GAU)

SWAKLA BRAHMA AND ORS v. THE STATE OF ASSAM AND ANR.

I.A.(Crl.)/1053/2024 · 2025-01-28

Arun Dev Choudhury

body2025

Judgment text

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Page No.# 1/2 GAHC010218352024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A(Crl) 1053/2024 SWAKLA BRAHMA AND ORS S/O. LT. TEKLA BRAHMA R/O. VILL.- PATALSANA P/S. RUNIKHATA DIST. CHIRANG ASSAM. 2: RAJU BORGOYARY S/O. LT. SIBNATH BORGOYARY R/O. VILL.- PATALSANA P/S. RUNIKHATA DIST. CHIRANG ASSAM. 3: SAMBIT BASUMATARY S/O.LT. LAHEN BASUMATARY R/O. VILL.- PATALSANA P/S. RUNIKHATA DIST. CHIRANG ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP ASSAM. 2:TENGWNA NARZARY S/O. LT. BALAO NARZARY R/O. VILL.- PATALSANA P/S. RUNIKHATA DIST. CHIRANG ASSAM. ------------ Advocate for : MS S MEDHI Page No.# 2/2 Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 29.01.2025 Heard Ms. S Medhi, learned counsel for the appellant. This is an application under section 430 of the BNSS praying for suspension of the operation of the impugned judgment dated 08.07.2024, passed by the learned court of Sessions, Judge, Chirang at Kajalgaonj in Sessions Case No.24/2023, arising out of Runikhata PS Case No.43/2022, whereby the appellants were convicted for the offence under section 304 Part-II IPC and sentenced to undergo RI for three years with fine of Rs.10,000/- each in default to undergo six months SI and also to allow the petitioners to remain on previous bail. Perused the judgment as well as the present application. The connected appeal has already been admitted for hearing. Considering the period of sentence as well as the fact that the petitioner was enlarged on bail during the entire period of trial and he is still enlarged on bail previously granted by the learned trial court, it is provided that till disposal of the appeal, the petitioner shall remain on previous bail granted to him by the learned trial court. The I.A stands disposed of JUDGE Comparing Assistant