MUKADDESH ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S C Biswas, learned counsel for the petitioners and Ms. S Jahan, learned Additional Public Prosecutor, Assam.

(2.) This is an application under Sections 397/401 read with Section 482 of the Cr.P.C. filed by the petitioners, namely, Mukaddesh Ali and Md. Ali Akbar, praying for setting aside and quashing the order dated 23.04.2018 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 29(D)/1998 and thereby issued Non-Bailable Warrants of Arrest (NBWA) against the petitioners. The petitioners were convicted by the learned Sessions Judge, Bongaigaon in Sessions Case No. 29(D)/1998 and sentenced to undergo Rigorous Imprisonment for 6 (six) months each for the offence under Section 148 IPC, Rigorous Imprisonment for 3 (three) months each for the offence under Sections 323/149 IPC and Rigorous Imprisonment for 3 (three) years with fine of Rs. 1000/- each, in default, Rigorous Imprisonment for 15 (fifteen) days for the offence under Sections 436/149 IPC vide judgment and order dated 11.12.2002.

(3.) Against the said judgment and order of the learned Sessions Judge, Bongaigaon, the petitioners preferred appeal before this High Court and this Court by judgment and order, dated 19.02.2015, passed in Criminal Appeal No. 19/2003 upheld the conviction of the petitioners for the offences under Sections 148/149/323/436 IPC. Further, while maintaining the sentence of 6 (six) months and 3 (three) months respectively for the offences under Sections 148/149/323 IPC, this Court reduced the sentence of 3 (three) years imposed under Sections 436/149 IPC to a period of 6 (six) months. The said conviction and sentence was upheld by the Apex Court vide order, dated 24.07.2015, passed in Special Leave to Appeal (Crl.) No. 5218/2015.