Page No.# 1/3 vs State Of Assam And Anr
2025 Latest Caselaw 2573 Gua

Gauhati High Court

Page No.# 1/3 vs State Of Assam And Anr on 7 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                         Page No.# 1/3

GAHC010157932025




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

                           Case No. : I.A.(Crl.)/787/2025


         SUREN HAZARIKA AND ANR.
         SON OF LATE MULAN CHANDRA HAZARIKA

         2: UJJAL HAZARIKA
         SON OF LATE MULAN CHANDRA HAZARIKA
          BOTH ARE R/O VILLAGE PANIBHARAL
          P/S. BISWANATH CHARIALI
          DIST. BISWANATH
         ASSAM

          VERSUS

         STATE OF ASSAM AND ANR.
         REPRESENTED BY THE PP ASSAM

         2:DIJEN BORTHAKUR
         SON OF LATE LAKHI BORTHAKUR
          RESIDENT OF VILLAGE BHIRGAON
          PANIBHARAL
          P/S. BISWANATH CHARIALI
          DIST. BISWANATH
         ASSAM

         Advocate for : MR. S BORUAH
         Advocate for : PP ASSAM appearing for STATE OF ASSAM AND ANR.
                                                                                    Page No.# 2/3

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 07.08.2025

Heard Mr. K. Sarma, learned counsel for the applicants-appellants and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam.

2. The instant application under Section 430[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred by the applicants-appellants seeking suspension of execution of the sentences passed against them and for their release on bail.

3. The applicants as the appellants have preferred the accompanying criminal appeal, Criminal Appeal no. 270/2025 against a Judgment and Order dated 27.06.2025 passed by the Court of learned Sessions Judge, Biswanath, Biswanath Chariali ['the Trial Court', for short] in Sessions Case no. 45/2015. By the said Judgment and Order, the Trial Court has convicted the two accused-appellants for the offences under Sections 341/447/34, Indian Penal Code [IPC]. For the offence under Section 323, IPC read with Section 34, IPC, the two accused- appellants have been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for one month. For the offence under Section 447, IPC read with Section 34, IPC, the two accused- appellants have been sentenced to undergo rigorous imprisonment for one month and to pay a fine of Rs. 500/-, in default of payment of fine, to undergo simple imprisonment for fifteen days. The sentences are ordered to run concurrently.

4. Having regard to the contentions raised and the period of sentences imposed upon the applicants-appellants, this Court is of the considered view that till the disposal of the appeal, which has already admitted for hearing, the execution of the sentences passed against the applicants-appellants can be suspended. Accordingly, it is ordered that the execution of the afore-stated sentences passed against the applicants-appellants shall remain suspended till the disposal of the appeal and the applicants-appellants are allowed to go on bail on Page No.# 3/3

furnishing a bail bond of Rs. 5,000/- each with one surety of the like amount to the satisfaction of the Trial Court.

JUDGE

Comparing Assistant