Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 2674 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 11 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                  Page No.# 1/3

GAHC010170662025




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

                          Case No. : I.A.(Crl.)/856/2025



         ABDUR RASHID AND 2 ORS.
         S/O. LT. ABDUL JALIL
         R/O. NO. 2 GORAIMARI
         P/S. PANBARI
         DIST. CHIRANG
         ASSAM

         2: RAHIM BADSHA
         S/O. ABDUR RASHID
          R/O. NO. 2 GORAIMARI
          P/S. PANBARI
          DIST. CHIRANG
         ASSAM

         3: AMIR HAMJA
         S/O. ABDUR RASHID
         R/O. NO. 2 GORAIMARI
         P/S. PANBARI
         DIST. CHIRANG
         ASSAM
         VERSUS

         THE STATE OF ASSAM
         REP. BY THE PP
         ASSAM


         ------------
         Advocate for : B BARMAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
                                                                                    Page No.# 2/3




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : --11.08.2025

Heard Mr. H. Ali, learned counsel for the three applicant-appellants herein and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party-respondent State.

2. The instant application under Section 430 Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred by the applicant-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. 302/2025 against a Judgment and Order dated 11.07.2025 passed by the Court of learned Additional Sessions Judge, Bijni at Chirang ['the Trial Court', for short] in Sessions Case no. 22 [P]/2021 and Sessions Case no. 12 [P]/2022. By the Judgment and Order dated 11.07.2025, the applicant-appellants have been convicted for the offences under Section 304 Part-II/308/323, Indian Penal Code [IPC] read with Section 34, IPC. For the offence under Section 304 Part-II, IPC read with Section 34, IPC, the applicant-appellants have been sentenced to rigorous imprisonment for 7 [seven] years and to pay a fine of Rs. 20,000/-, with default stipulations. For the offence under Section 308, IPC read with Section 34, IPC, the applicant-appellants have been sentenced to undergo rigorous imprisonment for 3 [three] years and to pay a fine of Rs. 10,000/-, with default stipulations. For the offence under Section 323, IPC read with Section 34, IPC, the applicant-appellants have been sentenced to undergo rigorous imprisonment for 1 [one] year and to pay a fine of Rs. 10,000/-, with default stipulations. All the sentences are ordered to run concurrently.

4. Issue notice, returnable on 10.09.2025.

Page No.# 3/3

5. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and accepted notice for the opposite party-respondent State, formal notice need not be issued to the said respondent. Mr. Ali, learned counsel for the applicant-appellants shall furnish an extra copy of the application along with annexures to Mr. Kaushik, learned Additional Public Prosecutor, within 3 [three] working days from today.

8. List the case on 10.09.2025.

JUDGE

Comparing Assistant