Gauhati High Court
Safur Ali vs The State Of Assam And Anr on 5 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010169892025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/832/2025
SAFUR ALI
S/O SIDDIQUE ALI
R/O SATHAMOU
P.S. GHOGRPAR
DIST. NALBARI
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP
ASSAM
2:SAJAL GUHA
S/O LATE RABINDRA NATH GUHA
R/O RANGIA TOWN
P.S. RANGIA
DIST. KAMRUP
ASSAM
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Advocate for : MR S M ABDULLAH P
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 05.08.2025
Heard Ms. F. Hussain, learned counsel for the applicant-revision petitioner
and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite
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party no. 1, State of Assam.
2. The instant application 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 dated 24.06.2025 passed by the
Court of learned Additional Sessions Judge, Rangia, Kamrup ['the Appellate
Court', for short] in Criminal Appeal no. 04/2024 whereby the Appellate Court
while dismissing the appeal, has affirmed the Judgment and Order dated
11.09.2024 of conviction and sentence passed by the Court of learned Judicial
Magistrate, First Class, Rangia ['the Trial Court', for short] in G.R. Case no.
1279/2013. By the Judgment and Order dated 11.09.2024, the Trial Court has
convicted the revision petitioner for the offences under Sections
279/338/427/304[A] of the Indian Penal Code [IPC]. For the offence under
Section 279, IPC, the applicant-revision petitioner has been sentenced to suffer
simple imprisonment for 6 months and to pay a fine of Rs. 1,000/-, with default
stipulation. Similar sentences have been passed for the offences under Section
338, IPC and Section 427, IPC. For the offence under Section 304[A], IPC, he
has been sentenced to undergo simple imprisonment for 6 months.
4. Having regard to the grounds urged in the instant application as well as
the accompanying criminal revision petition and considering the sentences
passed against the applicant-revision petitioner, this Court is of the considered
view that the applicant has made a prima facie case for interim relief.
Accordingly, it is ordered that pending disposal of the accompanying criminal
revision petition which is admitted today for hearing, the sentences passed
against the applicant-revision petitioner by the Judgment and Order dated
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11.09.2024 by the Trial Court and the Judgment dated 24.06.2025 by the
Appellate Court shall remain suspended and the applicant-revision petitioner,
Safur Ali 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 Trial Court.
5. The interlocutory application stands disposed of in the afore-stated terms.
JUDGE
Comparing Assistant
