Nisar Ahmed vs The State Of Assam And Anr
2025 Latest Caselaw 1671 Gua

Gauhati High Court

Nisar Ahmed vs The State Of Assam And Anr on 1 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010147162025




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

                         Case No. : I.A.(Crl.)/788/2025


         NISAR AHMED
         S/O. MD. SIRAJUL HAQUE
         R/O. VILL.- KACHARIPAM
         P/S. TEZPUR
         DIST. SONITPUR
         ASSAM
         PIN-784001.


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY THE PP
         ASSAM.

         2:RATNESWAR NAYAK
         LT. SUMAN NAYAK
          R/O. HARIGAON
          POROWA
          P/O. AND P/S. TEZPUR
          DIST. SONITPUR
         ASSAM
          PIN-784001
          ------------
         Advocate for : P BORUAH
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                                                       Page No.# 2/3

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                     ORDER

Date : 01.08.2025

Heard Ms. P. Boruah, learned counsel for the applicant-appellant and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. The instant application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred seeking suspension of execution of the sentence passed against the applicant-appellant and for his release on bail.

3. The applicant as appellant has preferred the accompanying criminal appeal against a Judgment and Order dated 02.06.2025 passed by the Court of learned Special Judge, POCSO, Sonitpur, Tezpur ['the Special Court', for short] in Special POCSO Case no. 43/2022, arising out of Tezpur Police Station Case no. 812/2022. By the Judgment and Order dated 02.06.2025, the accused-appellant has been convicted for the offence under Section 8, Protection of Children from Sexual Offences [POCSO] Act, 2012 and he has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for a period of three months. In view of Section 42, POCSO Act, no separate punishment has been imposed upon the accused-appellant under Section 354, IPC.

4. Issue notice, returnable on 01.09.2025.

5. As Mr. Goswami, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, issuance of formal notice to the opposite party no. 1 is dispensed with.

Page No.# 3/3

6. The applicant-appellant shall take steps for service of notice upon the opposite party no. 2 in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024.

7. The learned Additional Public Prosecutor shall make endeavour to file objection to the instant application on or before the returnable date.

8. List the case on 01.09.2025.

JUDGE

Comparing Assistant