Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 5 August, 2025
Author: M. Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010114542025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/555/2025
BIPIN KUMAR
S/O SRI DHARMENDRA KUMAR, VILL AND P.S BAKHTIARPUR, DIST.-
PATNA, BIHAR
2: VIRA MAHATO
S/O LATE BASANTA MAHATO
VILL.- GULAMAHIYA CHOK
P.S. MOJIPUR NADDI
DIST.- PATNA
BIHA
VERSUS
THE STATE OF ASSAM
REP. BY THE PP ASSAM
Advocate for the Petitioner : M PATHAK,
Advocate for the Respondent : PP, ASSAM,
Linked Case : Crl.A./219/2023
SURAJ KUMAR ROY
S/O KISANDEV ROY
R/O KUMARDUBI
KALYARI
P.S.- CHIRKUNDI
DIST.- DHANBAD
Page No.# 2/4
JHARKHAND
PIN- 828202.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PUBLIC PROSECUTOR
ASSAM
2:SANJIB CHOUDHURY
S/O LATE SUNIL CHOUDHURY
VILL.- ABHAYAPURI
WARD NO. 3
P.S.- ABHAYAPURI
DIST.- BONGAIGAON
ASSAM.
------------
Advocate for : MR. S MITRA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
Linked Case : Crl.A./171/2023
BIPIN KUMAR AND ANR.
S/O DHARMENDRA KUMAR
RESIDENT OF VILLAGE AND PS BAKTIARPUR
DIST PATNA BIHAR
2: VIRA MAHATO
S/O LATE BASANTA MAHATO
VILLAGE GULAMAHIYA CHOK
PS MOJIPUR NADDI
DIST PATNA
BIHAR.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP ASSAM
------------
Advocate for : M PATHAK
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER
05.08.2025
(M. Zothankhuma, J)
Heard Mr. M. Pathak, learned counsel for the applicants/appellants. Also
heard Ms. A. Begum, learned Addl. P.P., Assam for the State.
2. The case of the applicants along with another convict namely, Suraj Kumar
Roy is that they were convicted under Section 20(b)(ii)(c) of the NDPS Act vide
judgment and order dated 09.03.2023, passed by the learned Special Judge,
Bongaigaon, in Special (Nar) Case No.23(BGN) of 2022 and sentencing them to
undergo rigorous imprisonment for 15 years with a fine of Rs.1,00,000/- each,
in default, to undergo simple imprisonment for 6 months.
3. The applicants, besides filing the appeal, had also filed an application
under Section 430 BNSS for suspension of the sentence imposed by the learned
Trial Court. The said application had however been rejected by this Court on
26.09.2023. The application under Section 430 BNSS that had been filed by co-
accused Suraj Kumar Roy had also been rejected vide order dated 05.10.2023.
3. Suraj Kumar Roy thereafter approached the Hon'ble Supreme Court vide
Criminal Appeal No.2642/2025. The same was disposed off by the Supreme
Court vide order dated 16.05.2025, by granting bail to Suraj Kumar Roy, on the
ground that the Criminal Appeal that had filed by the appellant Suraj Kumar Roy
was not likely to be heard in the near future and due to the fact that the
antecedence of Suraj Kumar Roy had not been brought on record.
Page No.# 4/4
4. The counsel for the applicants submits that the applicants herein should be
granted parity of the benefit provided by the Supreme Court to Suraj Kumar
Roy.
5. The learned Addl. P.P., on the other hand, submits that as the application
for suspension of sentence of the present applicants had earlier been rejected
by the Division Bench of Hon'ble Mr. Justice K.R. Surana and Hon'ble Mr. Justice
M.K. Kalita, the present application would have to be heard by the same Bench,
in terms of the notification issued by the High Court.
6. On considering the above aspects and keeping in view the fact that Paper
Book has been prepared, besides the fact that this Bench is ready to hear the
entire matter even today, this Court is of the view that the matter should be
heard expeditiously.
7. The applicants' counsel submits that the matter may not be heard today,
as he is not prepared for the case.
8. Accordingly, on the prayer of the applicants counsel, list this application
along with the main appeals for hearing on 28.08.2025.
9. Mr. S. Mitra, learned counsel for the appellant in Crl. A. 219/2023 is
present.
JUDGE JUDGE
Comparing Assistant
