Gauhati High Court
Jiaur Rahman @ Jiahur Rahgman vs The State Of Assam And Anr on 22 November, 2024
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GAHC010237142024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./470/2024
JIAUR RAHMAN @ JIAHUR RAHGMAN
S/O LATE NOSIR UDDIN
R/O VILL- KANDIGRAM BIHARA PART-V,
P.S. KATIGORAH
DIST. CACHAR, ASSAM
PIN-788805
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM
2:HURMAT ALI
S/O LATE HAZI MOKBUL ALI
R/O VILL KANDIGRAM
BIHARA PART-V
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PI-78880
Advocate for the Petitioner : MR. A S TAPADER, MR. S B LASKAR,MR M AHMED,MR. H A
LASKAR
Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4
Linked Case : I.A.(Crl.)/1127/2024
JIAUR RAHMAN @ JIAHUR RAHMAN
S/O LATE NOSIR UDDIN R/O VILL- KANDIGRAM BIHARA PART-V
P.S. KATIGORAH DIST. CACHAR
ASSAM PIN-788805
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP
ASSAM
2:HURMAT ALI
S/O LATE HAZI MOKBUL ALI R/O VILL KANDIGRAM
BIHARA PART-V
P.S. KATIGORAH
DIST. CACHAR
ASSAM PI-788805
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Advocate for : MR. A S TAPADER
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
22.11.2024
1. Heard learned counsel Mr. A. S. Tapader for the petitioner Jiaur Rahman @
Jiahur Rahman.
2. This application has been filed by the petitioner under Section 438 read with
Section 442 of the BNSS, 2023 challenging the Judgment and Order dated
05.05.2022, passed by the learned additional Chief Judicial Magistrate, Cachar,
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Silchar in GR Case No. 3849/2011 convicting the petitioner under Section 325 of
the IPC and sentencing him to undergo S.I. for 6 months and to pay a fine of
Rs. 5000/- with default stipulation. The petitioner has impugned the Judgment
and Order dated 27.09.2024, passed by the learned Sessions Judge, Cachar,
Silchar in Criminal Appeal No. 16/2022, dismissing the appeal and upholding the
Judgment and Order dated 05.05.2022, passed by the learned Additional Chief
Judicial Magistrate, Cachar, Silchar in GR Case No. 3849/2011.
3. The petitioner is already on previous bail and he will remain on previous bail
until further orders. The petitioner has also prayed for suspension of orders of
conviction and sentence of the aforementioned cases.
4. Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the
respondent State.
5. Learned Additional Public Prosecutor has accepted notice on behalf of the
respondent State, and thus no formal notice is required to be issued. However,
sufficient copies of the petition to be furnished during the course of the day.
Issue notice to respondent no. 2 through registered post with A/D as well as
usual process returnable within 4 (four) weeks.
6. Call for the case records of GR Case No. 3849/2011 and Criminal Appeal No.
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16/2022 from the respective Courts.
7. The petitioner is allowed to remain on previous bail. The operation of the
impugned Judgment and order dated 05.05.2022 in connection with GR Case
No. 3849/2011 and the impugned Judgment and order dated 27.09.2024 in
connection with Criminal Appeal no. 16/2022 is hereby suspended until further
orders.
8. In terms of the above observation, I.A.(Crl.)/1127/2024 stands disposed of.
JUDGE
Comparing Assistant
