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2025 DAILYLAW 22779 (GAU)

Chawngthanchhunga v. The State of Mizoram and Anr.

I.A.(Crl.)/14/2025 · 2025-07-15

Kaushik Goswami

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC030001752025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/14/2025 Chawngthanchhunga Ramthar North, Aizawl VERSUS The State of Mizoram and Anr. Aizawl2:V.L Zahawma Industry peng Ramhlun North Aizawl Advocate for the Petitioner : Mr. Lalpianfela Chawngthu Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 16.07.2025 Heard Mr. Lalpianfela Chawngthu, learned counsel appearing for the applicant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor, Mizoram, appearing for the State respondents. Page No.# 2/3 2. By way of this application under Section 430 of the BNSS read with Section 389 of the Cr.P.C, 1973, the applicant, i.e., Shri. Chawngthanchhunga is seeking suspension of the impugned Sentence Order dated 06.12.2024 passed by the Court of learned Special Judge, Prevention of Corruption Act, Aizawl, Mizoram (hereinafter referred to as the “Trial Court”), and also to grant bail to the applicant. 3. The brief facts of the case is that the applicant has been convicted by the Trial Court, in SR(PCA) No. 6/2023 under Section 13 (2) read with Section 13(1)(a) of the Prevention of Corruption Act (hereinafter referred to as the “PC Act”) and Sections 471/468/420/409 of the Indian Penal Code (herein after referred to as the “IPC”) by Judgment & Order dated 05.12.2024, and sentenced thereof to undergo 1 year imprisonment each under Section 409/420/468 of the IPC and with fine of Rs. 5000/- each and in default another imprisonment for 5 (five) days each by an order dated 06.12.2024. The applicant has also been sentenced to undergo 4 years imprisonment with a fine of Rs. 5 lakhs in default another imprisonment for 2 (two) years under Section 13(2) read with Section 13(1) of the PC Act. Both the sentences have been directed to run concurrently. 4. It is submitted at the bar that the applicant has been on bail during the trial and has not taken undue advantage of the bail granted earlier. 5. It appears that the grounds of challenge are of prima facie substantial. Accordingly, the operation of the impugned Sentence Page No.# 3/3 order dated 06.12.2024 passed by the Trial Court, shall remain suspended until further orders. 6. Considering that the applicant has not taken any undue advantage of the bail granted to him earlier during the trial, this Court allows the applicant namely Shri. Chawngthanchhunga to go on bail of Rs. 10,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Prevention of Corruption Act, Aizawl, Mizoram. 7. Accordingly, the Interlocutory Application stands disposed of. JUDGE Comparing Assistant