Abdul Hamid vs The State Of Assam
2025 Latest Caselaw 2798 Gua

Gauhati High Court

Abdul Hamid vs The State Of Assam on 14 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                      Page No.# 1/3

GAHC010174602025




                                                               undefined

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

                             Case No. : I.A.(Crl.)/875/2025

            ABDUL HAMID
            SON OF TOMIZ UDDIN
            R/O VILLAGE BORKURANI
            P/S. MAYONG
            P/O. GAGALMARI
            DIST. MORIGAON
            ASSAM-782121


            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PP ASSAM


            ------------
            Advocate for : S K PODDAR
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM



                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                       ORDER

Date : 14.08.2025

Heard Mr. S.K. Poddar, learned counsel for the applicant-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party- respondent, State of Assam.

Page No.# 2/3

2. The instant interlocutory application is preferred seeking suspension of execution of the sentence passed against the three applicant-appellant and for his release on bail.

3. The applicant as the appellant has preferred the accompanying appeal, Criminal Appeal no. 295/2025 against a Judgment dated 10.07.2025 and Order on sentence dated 11.07.2025 passed by the Court of learned Additional Sessions Judge, Morigaon in Sessions Case no. 97/2017. By the Judgment dated 10.07.2025, the applicant-appellant has been found guilty of the offence under Section 307 r/w Section 34, IPC; Section 326 r/w Section 34, IPC; and Section 341 r/w Section 34, IPC. By the Order on sentence dated 11.07.2025, the applicant-appellant have been sentenced to undergo simple imprisonment for one month with fine and default stipulation under Sections 341/34, IPC; rigorous imprisonment for ten years with fine and default stipulation under Sections 326/34, IPC; and rigorous imprisonment for ten years with fine and default stipulation under Sections 307/34, IPC.

4. Issue notice, returnable on 08.09.2025.

5. As Mr. Kaushik, learned Additional Public Prosecutor has appeared and accepted notice in respect of the opposite party, issuance of formal notice in respect of the opposite is dispensed with. The learned counsel for the applicant- appellant shall serve an extra copy of the application along with annexures, to Mr. Kaushik within 3 [three] working days from today.

6. The prayer made in this interlocutory application will be considered after receipt of the TCR.

7. The learned counsel for the applicant-appellant is at liberty to make Page No.# 3/3

mention after receipt of the TCR.

8. The learned Additional Public Prosecutor shall make endeavour to file objection to the interlocutory application by the next date of listing, if so advised.

9. List the case on 08.09.2025.

JUDGE

Comparing Assistant