Gauhati High Court
Sri Tridip Das vs The State Of Assam And Anr on 1 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010167252025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/801/2025
SRI TRIDIP DAS
SON OF SRI LAKHIRAM DAS RESIDENT OF- BAGHARGAON
P.O. RATANPUR
P.S. JENGRAIMUKH
DISTRICT- MAJULI
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP
ASSAM
2:SRI ARUP NATH
SON OF LATE BHUGIRAM NATH RESIDENT OF- VILL. PHULANI CHARIALI
KUHIABARI GAON
P.O. KARKI CHIUK
P.S. JENGRAIMUKH
PIN- 785110
DISTRICT- MAJULI
ASSAM
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Advocate for : MR. P P BORTHAKUR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 01.08.2025
Heard Mr. P.P. Borthakur, learned counsel for the applicant-petitioner and
Mr. R.J. Baruah, 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-petitioner and for his release on bail.
3. The applicant as the revision petitioner has preferred the accompanying
criminal revision petition against a Judgment and Order dated 17.06.2025
passed by the Court of learned Sessions Judge, Lakhimpur at North Lakhimpur
['the Appellate Court', for short] in Criminal Appeal no. 16[3] of 2024 whereby
the learned Appellate Court has dismissed the appeal thereby, affirming the
Judgment and Order of conviction and sentence passed by the Court of learned
Sub-Divisional Judicial Magistrate [M], Dhakuakhana ['the Trial Court', for short]
in PRC Case no. 392/2021.
4. The Trial Court had convicted the revision-petitioner for the offences
under Section 279 and Section 304A of the Indian Penal Code [IPC] and he has
been sentenced to undergo simple imprisonment for one year for the offence
under Section 304A, IPC. For the offence under Section 279, IPC, the revision
petitioner has been sentenced to undergo simple imprisonment for six months.
The sentences are ordered to run concurrently.
5. Having gone through the projections made in the instant interlocutory
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application and considering the sentences passed against the revision petitioner,
this Court is of the considered view that till disposal of the accompanying
criminal revision petition which has been admitted today for hearing, the
execution of the sentences passed against the revision petition can be
suspended.
6. It is accordingly ordered that till disposal of the accompanying revision
petition, the execution of the sentences passed against the revision petitioner
shall remain suspended and the applicant-petitioner, Tridip Das is to be released
on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like
amount to the satisfaction of the learned Trial Court.
7. The interlocutory application stands disposed of with the afore-stated
terms.
JUDGE
Comparing Assistant
