Md Mofizur Rahman Alias Sujan vs The State Of Assam
2025 Latest Caselaw 4736 Gua

Gauhati High Court

Md Mofizur Rahman Alias Sujan vs The State Of Assam on 20 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010041422025




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

                          Case No. : I.A.(Crl.)/873/2025



         MD MOFIZUR RAHMAN ALIAS SUJAN
         S/O - LATE NOORUDDIN
         R/O - VILL - BAMUNGAON
         P.O. - UDALIBAZAR
         P.S. - LANKA
         DIST - HOJAI
         ASSAM
         PIN - 782446


          VERSUS

         THE STATE OF ASSAM
         REP BY PP ASSAM

         2:DR. IMRAN HUSSAIN
         S/O - LATE TUSUF ALI
         R/O - VIII. RANGALO SUTAR GAON

         P.S. - JUMURMUR
         DIST - NAGAON
         ASSAM
          ------------
         Advocate for : CHINMOY CHAKRAVARTY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
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                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : --20.08.2025

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

2. This application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred by the applicant-appellant seeking suspension of execution of the sentences passed against him and his release on bail.

3. The applicant as the appellant has preferred the accompanying criminal appeal against a Judgment and Order dated 22.11.2024 passed by the Court of learned Sessions Judge, Sankardev Nagar at Hojai ['the Trial Court', for short] in the case of Sessions [1] 18 of 2021. By the Judgment and Order dated 22.11.2024, the applicant-appellant has been convicted for the offence under Section 326, Indian Penal Code [IPC] read with Section 149, IPC to undergo rigorous imprisonment for 10 [ten] years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment of another year. The accused-appellant has also been convicted for other offences, but, with lesser sentence terms. All the sentences are ordered to run concurrently, meaning thereby, the applicant-appellant has to undergo maximum punishment of 10 [ten] years.

4. Issue notice, returnable in 4 [four] weeks.

5. As Mr. Goswami, learned Additional Public Prosecutor has appeared and accepted notice for the opposite party-respondent no. 1, State of Assam, formal notice need not be issued to the said respondent. Mr. Sarma, learned counsel for the applicant-appellant shall furnish an extra copy of the application along with the annexures, to Mr. Goswami, within 2 [two] working days from today.

6. The applicant-appellant shall take steps for service of notice upon the opposite party-

Page No.# 3/3

respondent no. 2 by registered post with A/D as well as by usual process, within 3 [three] working days from today.

7. The opposite parties are to file their objection on or before the returnable date.

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

JUDGE

Comparing Assistant