Gauhati High Court
Abdul Hashim Laskar @ Kutir Ali Laskar vs The State Of Assam And Anr on 8 August, 2025
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GAHC010129582025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/680/2025
ABDUL HASHIM LASKAR @ KUTIR ALI LASKAR
S/O LATE ANFOR ALI LASKAR
RESIDENT OF ATALBASTI PO SMCH GHUNGOOR, DISTRICT CACHAR,
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP BY PP ASSAM
2:ARFAN ALI LASKAR
SON OF LATE SURMAN ALI LASKAR RESIDENT OF ATALBASTI PO SMCH
GHUNGOOR DISTRICT CACHAR ASSA
Advocate for the Petitioner : MR. J LASKAR,
Advocate for the Respondent : PP, ASSAM,
In
Crl.Rev.P./159/2025
ABDUL HASHIM LASKAR @ KUTIR ALI LASKAR
S/O LATE ANFOR ALI LASKAR
RESIDENT OF ATALBASTI PO SMCH GHUNGOOR
DISTRICT CACHAR
ASSAM
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VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PP
ASSAM
2:ARFAN ALI LASKAR
S/O LATE SURMAN ALI LASKAR
RESIDENT OF ATALBASTI PO SMCH GHUNGOOR
DISTRICT -CACHAR ASSAM
------------
Advocate for : MR. J LASKAR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
With
Crl.Rev.P./159/2025
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
08.08.2025
1. Heard Mr. J. Laskar, the learned counsel for the applicant. Also
heard Mr. K.K. Parasar, the learned Additional Public Prosecutor
appearing for the State of Assam.
2. This interlocutory application has been filed by the applicant,
namely, Abdul Hashim Laskar @ Kutir Ali Laskar praying for
suspension of sentence and allowing the petitioner to go on bail
during the pendency of the connected criminal revision petition No.
159/2025 filed by the applicant. In the connected criminal revision
petition No. 159/2025, the applicant has impugned the applicant,
namely, Abdul Hashim Laskar @ Kutir Ali Laskar has impugned the
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judgment dated 26.03.2025, passed in Criminal Appeal No. 14/2022,
by the Court of the learned Additional Sessions Judge, Cachar, Silchar.
3. Issue notice to the respondent No. 2.
4. Since the learned Additional Public Prosecutor has appeared, no
formal notice be issued to the State respondent.
5. The learned counsel for the applicant shall take steps for issuance
of notice upon the respondent No. 2 by registered post with A/D as
well as by usual process within 7(seven) days from the date of this
order, returnable after 4(four) weeks.
6. By the said judgment dated 16.03.2022, passed by the learned
Judicial Magistrate First Class, Cachar, Silchar in G.R. Case No.
2496/2012 was partly modified.
7. The learned counsel for the applicant has submitted that the Trial
Court, i.e., the Court of the learned Judicial Magistrate First Class,
Cachar, Silchar had convicted the present applicant under Section 326
of the Indian Penal Code, 1860 and has sentenced him to undergo
imprisonment for 3(three) years with a fine of Rs. 10,000/- (Rupees
Ten Thousand only) and in default thereof to undergo further
imprisonment for 6(six) months.
8. The learned counsel for the applicant has submitted that as the
applicant has challenged his order of conviction and sentence imposed
on him in the connected criminal revision petition No. 159/2025, and
as the sentence imposed on him is for a short term of three years
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during the pendency of the connected criminal revision petition No.
159/2025, he prays for allowing the sentence imposed on him to be
suspended. He submits that unless same is done, the criminal revision
petition No. 159/2025 filed by him would become infructuous.
9. I have also heard the learned Additional Public Prosecutor, who
submits that considering the short period of sentence imposed on the
applicant, the connected criminal revision petition should be
expeditiously heard.
10. I have considered the submissions made by the learned counsel
for both sides. Since the sentence imposed on the applicant by the
impugned judgments, is for a short period of three years.
11. Hence, considering the facts and circumstances of this case, the
sentence imposed on him, by the impugned judgments dated
16.03.2022 passed by the learned Judicial Magistrate First Class,
Cachar, Silchar in G.R. Case No. 2496/2012, which has been upheld by
the impugned judgement dated 26.03.2025, passed in Criminal Appeal
No. 14/2022, by the Court of the learned Additional Sessions Judge,
Cachar, Silchar is hereby suspended during the pendency of the
connected criminal revision petition No. 159/2025.
12. The applicant shall be allowed to go on bail during the
pendency of the connected criminal revision petition No. 159/2025 of
Rs. 30,000/- with a suitable surety of like amount, subject to the
satisfaction of the Trial Court, i.e. the Court of the learned Judicial
Magistrate First Class, Cachar, Silchar in G.R. Case No. 2496/2012.
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13. List accordingly.
JUDGE
Comparing Assistant
