Pranab Bhatta v. The State of Assam

PageoNo.#o1/3 GAHC010251812024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o o I.A.(Crl.)/1161/2024 PRANABoBHATTA S/OoLATEoSUSHILoBHATTAo R/OoKALAPAHAR o GUWAHATIoPOLICEoSTATIONoINoTHEoDISTRICToOFoKAMRUPo(M) oASSAM oVERSUS THEoSTATEoOFoASSAM REP.oBYoTHEoPP oGOVT.oOFoASSAM o------------ oAdvocateoforo:oMR.oBoMoCHOUDHURY Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMITALIoTHAKURIA ORDERo Dateo:oo--k29.11.2024kkk o Page No.# 2/3 Heard Mr. B.M. Choudhury, the learned counsel for the petitioner and also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing on behalf of State respondent.

¶2This is an application for suspension of execution of sentence and stay of realization of fine and also prayed for allowing the present petitioner to remain on previous bail.

¶3It is submitted by Mr. Choudhury that the impugned judgment & order dated 24.09.2024 is passed by learned Additional Sessions Judge No. 5, Kamrup (Metro) at Guwahati in Criminal Appeal No. 04/2021 dismissing the Criminal Appeal and upholding the conviction of the present petitioner as passed by the learned CJM, Kamrup at Guwahati in C.R. Case No. 6357/2005 u/s 7 R/W Section 16 of the Prevention of Food Adulteration Act, 1954 and thereby sentenced to undergo SI for 6 months and to pay a fine of Rs. 1,000/- in default of payment of fine, to undergo further Simple Imprisonment (S.I.) for another 15 [fifteen] days.

¶4Mr. Choudhury further submitted that the petitioner was on bail during the entire period of trial he never jumped over any conditions of bail and accordingly prayed to allow the petitioner to remain on previous bail and further prayed for suspension of execution of sentence passed by learned Additional Sessions Judge No. 5, Kamrup (M) in Criminal Appeal No. 04/2021 dated

24.09.2024.

¶5Mr. Goswami, the learned Additional Public Prosecutor has raised no objection.

¶6Accordingly considering the submissions made by learned counsel for both sides, the present interlocutory application is allowed and thereby the execution Page No.# 3/3 of sentence passed in impugned judgment and order dated 24.09.2024 in Criminal Appeal No. 04/2021 upholding the conviction order passed by the learned CJM, Kamrup at Guwahati in C.R. Case No.6357/2005 is hereby stayed/suspended till disposal of the connected Revision Petition. The petitioner is also allowed to remain on previous bail till disposal of the connected Revision Petition. With the above observation, the IA stands disposed of.

JUDGE Comparing Assistant