Page No.# 1/3 vs The Central Bureau Of Investigation And ...
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Gauhati High Court

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

                                                                  Page No.# 1/3

GAHC010218032024




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

                         Case No. : I.A.(Crl.)/1099/2024


         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.
          ------------
                                                                      Page No.# 2/3

          Advocate for : MR M HASSAN
          Advocate for : SC
          CBI appearing for THE CENTRAL BUREAU OF INVESTIGATION AND ANR




                        BEFORE
         HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                   ORDER

Date : 06.08.2025

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

The present interlocutory application under Section 430 of the BNSS, 2023 has been filed praying for suspension of sentence and to allow the accused/applicant to remain on previous bail.

It is submitted by Mr. Hassan, learned counsel for the applicant, that vide impugned judgment dated 23.09.2024, passed by the learned Special Judge, CBI (No.2), Assam in Special Case No. 07/2024, the present applicant No. 1 was convicted under Sections 120(B)/420 of the IPC read with Section 13(2) read with Section 1391)(d) of the P.C. Act, 1988 and the applicant Nos. 2 & 3 were convicted under Sections 120(B)/420/468/471 of the Indian Penal Code and the maximum terms of sentence is 3 (three) years. He further submitted that during the trial of the case, the applicants were on bail and their prayer for previous bail was also extended from time to time by the learned Special Judge. Accordingly, the present interlocutory application has been filed for suspension of sentence and also prayed to allow the present applicants to remain on Page No.# 3/3

previous bail till disposal of the connected appeal, being Crl. A. No. 352/2024.

In this context, Ms. Kumari, learned Standing Counsel, CBI, by filing their objection, submitted that the bail prayer of the applicants may not be regularized and the connected appeal may be heard and disposed of on merits.

Considering the submissions made learned counsel for both sides and also considering the entire facts and circumstances of this case and further considering the maximum term of sentence, I find it appropriate to allow this interlocutory application. Accordingly, the applicant is allowed to remain on previous bail until further order and the operation of the impugned judgment dated 23.09.2024, passed by the learned Special Judge, CBI (No.2), Assam in Special Case No. 07/2024, shall remain stayed stayed/suspended till disposal of the connected appeal, being Crl. A. No. 352/2024.

In terms of above, this interlocutory application stands disposed.

JUDGE

Comparing Assistant