Gauhati High Court
Abdul Mazid @ Abdul Mojit vs The State Of Assam on 4 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010169702025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Crl.)/824/2025
ABDUL MAZID @ ABDUL MOJIT
SON OF LATE AYES ALI
RESIDENT OF VILLAGE BORKURANI
P/S. MAYONG
DIST. MORIGAON
ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP ASSAM
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Advocate for : S K PODDAR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
04.08.2025
Heard Mr. D. Ullah, learned counsel for the applicant-appellant and Mr. R.R. Kaushik,
learned Additional Public Prosecutor for the opposite party-respondent, State of Assam.
2. The instant interlocutory application is preferred seeking suspension of execution of
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the sentence passed against the applicant-appellant and for his release on bail.
3. The applicant as the appellant has preferred the accompanying appeal, Criminal
Appeal no. 295/2025 against a Judgment dated 10.07.2025 and Order on sentence dated
11.07.2025 passed by the Court of learned Additional Sessions Judge, Morigaon in Sessions
Case no. 97/2017. By the Judgment dated 10.07.2025, the applicant-appellant has been
found guilty of the offence under Section 307 r/w Section 34, IPC; Section 326 r/w Section
34, IPC; and Section 341 r/w Section 34, IPC. By the Order on sentence dated 11.07.2025,
the applicant-appellant has been sentenced to undergo simple imprisonment for one month
with fine and default stipulation under Sections 341/34, IPC; rigorous imprisonment for ten
years with fine and default stipulation under Sections 326/34, IPC; and rigorous imprisonment
for ten years with fine and default stipulation under Sections 307/34, IPC.
4. Mr. Ullah, learned counsel for the applicant-appellant has submitted that the applicant-
appellant who is in incarceration, is presently 76 years of age. The hearing of the applicant-
appellant is impaired and he has been suffering from a nos. of ailments. In support of his
such submissions, medical documents which are made part of the instant application, have
been referred to.
5. Mr. Kaushik, learned Additional Public Prosecutor has submitted that the State will file
objection to the instant interlocutory application seeking.
6. Issue notice, returnable 08.09.2025.
7. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and accepted notice
in respect of the opposite party, issuance of formal notice in respect of the opposite is
dispensed with. The learned counsel for the applicant-appellant shall serve an extra copy of
the application along with annexures, to Mr. Kaushik within 3 [three] working days from
today.
8. The learned Additional Public Prosecutor shall file its objection on behalf of the State
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on or before the returnable date.
9. The prayer for interim relief is kept open for consideration on the returnable date.
10. List the case on 08.09.2025.
JUDGE
Comparing Assistant
