Page No.# 1/3 vs The Central Bureau Of Investigation And ...
2025 Latest Caselaw 2053 Gua

Gauhati High Court

Page No.# 1/3 vs The Central Bureau Of Investigation And ... on 6 August, 2025

                                                                        Page No.# 1/3

GAHC010218032024




                                                                 undefined

                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : Crl.A./352/2024

            SAMSUL HOQUE AND ORS
            S/O. LATE ASIRUDDIN, R/O. VILL. HOWRARPAR, P/S. DHUBRI, DIST.-
            DHUBRI, PIN-783324.

            2: REZZAK ALI
             S/O. LATE BABUR ALI
             R/O. VILL. MOTIRCHAR
             P/S. DHUBRI
             DIST. DHUBRI
             PIN-783324.

            3: AFJAL HUSSAIN
             S/O. LATE MONSER ALI
             R/O. VILL. KHUDARCHAR
             P/S. DHUBRI
             DIST.- DHUBRI
             PIN-783324

            VERSUS

            THE CENTRAL BUREAU OF INVESTIGATION AND ANR
            REP. BY THE SC, CBI.

            2:MOTIAR RAHMAN
             S/O. LATE BADRUDDIN AHMED
             R/O. VILL.-SAGAL CHERA
             PART-I
             P/S. DHUBRI
             DIST.- DHUBRI
            ASSAM

Advocate for the Petitioner   : MR. A DAS, MR M HASSAN

Advocate for the Respondent : SC, CBI,
                                                                     Page No.# 2/3




                        BEFORE
         HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                   ORDER

Date : 06.08.2025

Heard Mr. M. Hassan, learned counsel for the appellants. Also heard Ms. M. Kumari, learned Standing Counsel, CBI for the respondent.

This is an appeal under Section 423 read with Section 415(2) of the BNSS against the judgment and order dated 23.09.2024, passed by the learned Special Judge, CBI (No. 2), Assam in Special Case No. 07/2024, whereby the accused/appellant, namely, (i) Samsul Hoque has been sentenced to undergo rigorous imprisonment for a term of 3 (three) years and to pay fine of Rs. 30,000/- (Rupees thirty thousand) only in default to undergo simple imprisonment for 6 (six) months for the offence under Sections 120B/420 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for 3 (three) years and to pay fine of Rs. 50,000/- (Rupees fifty thousand) only in default to undergo simple imprisonment for 6 (six) months for the offence under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988; and the accused/appellants, namely, (ii) Rezzak Ali & (iii) Afjal Hussain have been sentenced to undergo rigorous imprisonment for a terms of 3 (three) years and to pay fine of Rs. 30,000/- (Rupees thirty thousand) only in default to undergo simple imprisonment for 6 (six) months for the offence under Sections 120B/420/468/471.

Page No.# 3/3

Admit.

Call for the Trial Court Records.

As Ms. Kumari, learned Standing Counsel, CBI has entered appearance and accepted notice on behalf of respondent No. 1, issuance of formal notice to the said respondent is dispensed with. However, she shall be provided with requisite extra-copy of the memo of appeal during the course of the day.

Steps for service of notice upon respondent No. 2 be taken through registered post with A/D as well as by usual process within a week from today.

As prayed for by the learned counsel for the appellants, list this appeal along with Crl. A. No. 386/2024 after 4 (four) weeks.

JUDGE

Comparing Assistant