Page No.# 1/3 vs The Central Bureau Investigation
2024 Latest Caselaw 8543 Gua

Gauhati High Court

Page No.# 1/3 vs The Central Bureau Investigation on 21 November, 2024

                                                                   Page No.# 1/3

GAHC010214482024




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

                          Case No. : I.A.(Crl.)/1118/2024

         FELIX PETER NONGADHAR AND 2 ORS
         S/O. ANANDA CHETIA
         R/O. JANAPATH LANE 19
         CHANDAN NAGAR
         P/S. JORHAT
         DIST. JORHAT
         ASSAM
         PIN-785001.

         2: MOSTAFA HUSSAIN
         S/O. LATE SAFIULLA MUNSHI
          R/O. VILL. JHAGRARPAR
          PART-3
          P/S. DHUBRI
          DIST.- DHUBRI
         ASSAM
          PIN-783325.

         3: TALEB ALI SHEIKH
         S/O. LATE NOWSHAD ALI SK
         R/O. VILL. GARAMARI PART-4
         P/O. ALAMGANJ
         P/S. GAURIPUR
         DIST. DHUBRI
         ASSAM
         PIN-783325.
         VERSUS

         THE CENTRAL BUREAU INVESTIGATION
         REP. BY THE SPECIAL PP
         CBI.


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                                                                             Page No.# 2/3

             Advocate for : MR Z ALAM
             Advocate for : SC
             CBI appearing for THE CENTRAL BUREAU INVESTIGATION



                                       BEFORE
             HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
                                        ORDER

21.11.2024 Heard Mr Z Alam, learned counsel for the applicants, 1) Felix Peter Nongadhar, 2)

Mostafa Hussain and 3) Md Taleb Ali Sheikh. They have filed this application under

Section 430 of the BNSS, 2023, with prayer for suspension of sentence pending appeal

also to allow the accused persons to go on bail as they have been convicted vide

Judgment and order dated 23.09.2024, passed by the learned Special Judge, CBI, Assam,

Additional Court No. 2, at Guwahati, in connection with Special Case No. 7/2014, under

Section 120B and sentenced to undergo Rigorous Imprisonment for 3 years and to pay a

fine of Rs. 30,000/- each, with default stipulation, under Section 420 IPC and sentenced

to undergo Rigorous Imprisonment for 3 years and to pay fine of Rs. 30,000/- each, with

default stipulation, under Section 468 IPC and sentenced to undergo Simple

Imprisonment for 3 years and to pay fine of Rs. 30,000/- each, with default stipulation

and under Section 471 IPC, to undergo Rigorous Imprisonment for 6 months and to pay

fine of Rs. 30,000/- each, with default stipulation, and under Section 13(2), read with

Section 13(1)(d) of the PC Act, 1988, to undergo RI for 3 years and to pay fine of Rs.

50,000/-each. The sentences are directed to run concurrently.

Page No.# 3/3

2. Heard Mr M Haloi, learned Special Public Prosecutor, CBI, who has submitted to

file objection against this petition under Section 430 of the BNSS, 2023.

3. I have considered the submissions at the Bar.

4. It is submitted on behalf of the petitioners that the petitioners are already on

previous bail. Therefore, petitioners are allowed to remain on previous bail, until further

orders. The operation of the conviction and sentence of the

applicants/appellants/petitioners, vide impugned Judgment and Order dated 23.09.2024,

is stayed until further orders.

5. In terms of the above observations, this interlocutory application stands disposed

of.

JUDGE

Comparing Assistant