Gauhati High Court
Kamal Nath vs The State Of Assam And Anr on 4 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010141782025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/748/2025
KAMAL NATH
S/O. LT. RAMESWAR NATH
R/O. VILL.- GHARAMAKHA
P/S. MAJBAT
DIST. UDALGURI
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REP BY THE PP
ASSAM
2:DHARMESWAR BORO
S/O. LT. RAMAKANTA BORO
R/O. VILL.- LAKRA BARNAGAR
P/S. GORESWAR
DIST. UDALGURI
ASSAM.
------------
Advocate for : MR S H SIKDAR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : --04.08.2025
Heard Mr. S.H. Sikdar, learned counsel for the accused-appellant and Mr. R.R. Kaushik,
learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam.
2. This application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is
preferred by the appellant seeking suspension of execution of the sentence passed against
him and his release on bail.
3. The applicant as the appellant has preferred the accompanying criminal appeal against
a Judgment and Order dated 16.06.2025 passed by the Court of learned Special Judge,
Rangia at Kamrup ['the Special Court', for short] in Special [P] Case no. 07/2015, which arose
out of Baihata Chariali P.S. Case no. 145/2013. By the Judgment and Order dated 16.06.2025,
the applicant-appellant has been convicted for the offences under Section 376, Indian Penal
Code [IPC] read with Section 511, IPC and under Section 10, Protection of Children from
Sexual Offences [POCSO] Act, 2012. For the Offence under Section 376/511, IPC, the
applicant-appellant has been sentenced to undergo rigorous imprisonment of 5 [five] years
and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple
imprisonment of another month. For the offence under Section 10, POCSO Act, the applicant-
appellant has been sentenced to undergo rigorous imprisonment of 5 [five] years and to pay
a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment of
another month. The sentences are ordered to run concurrently.
4. Issue notice, returnable in 4 [four] weeks.
5. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and accepted notice
for the opposite party-respondent no. 1, State of Assam, formal notice need not be issued to
the said respondent. Mr. Sikdar, learned counsel for the applicant-appellant shall furnish an
extra copy of the application along with the annexures, to Mr. Kaushik, within 2 [two] working
Page No.# 3/3
days from today.
6. The applicant-appellant shall take steps for service of notice upon the respondent no.
2 in terms of the Practice Direction laid down in the Notification no. 17 dated 15.03.2024,
within 3 [three] working days from today.
7. The opposite parties are to file their objection on or before the returnable date.
8. The prayer made in this interlocutory application will be considered after receipt of the
TCR.
JUDGE
Comparing Assistant
