Gauhati High Court
Sri Bolai Das vs The State Of Assam And 2 Ors on 21 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/3
GAHC010105492025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/895/2025
SRI BOLAI DAS
SON OF- SRI DIP DAS RESIDENT OF- KEYAMORA
P.S.- BIHPURIA
DIST- LAKHIMPUR
PIN-784161
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE PP
ASSAM
2:SRI DIGANTA DAS
SON OF LATE NANDI DAS RESIDENT OF- KEYAMORA
P.S.- BIHPURIA
DIST- LAKHIMPUR
PIN-784161.
3:SMT CHAMPA DAS
W/O- SRI DIGANTA DAS
RESIDENT OF- KEYAMORA
P.S.- BIHPURIA
DIST- LAKHIMPUR
PIN-784161.
Advocate for : MR. K R PATGIRI
Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.
Page No. 2/3
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 21.08.2025
Heard Mr. K.R. Patgiri, learned counsel for the applicant-revision petitioner 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 of the Bharatiya Nagarik Suraksha Sanhita
[BNSS], 2023 is preferred by the applicant-revision petitioner seeking suspension of execution
of the sentence passed against him and for his release on bail.
3. The applicant as the revision petitioner has preferred the accompanying criminal
revision petition under Section 442 and Section 438, Bharatiya Nagarik Suraksha Sanhita
[BNSS], 2023 to assail a Judgment and Order dated 17.03.2025 passed by the Court of
learned Sessions Judge, Lakhimpur at North Lakhimpur ['the Appellate Court', for short] in
Criminal Appeal no. 8[2]/2024. By the Judgment and Order dated 17.03.2025, the Appellate
Court while dismissing the criminal appeal, has affirmed a Judgment and Order dated
04.03.2024 of conviction and sentence passed by the Court of learned Judicial Magistrate,
First Class, Lakhimpur, North Lakhimpur ['the Trial Court', for short] in G.R. Case no.
1117/2022 and Police Report Case [PRC] no. 1206/2022. The Trial Court had convicted the
applicant-revision petitioner for the offence under Section 324, Indian Penal Code [IPC] and
sentenced the applicant-revision petitioner to undergo rigorous imprisonment for one year
and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple
imprisonment for another three months.
4. It is submitted on behalf of the applicant-petitioner that during the period of
investigation/enquiry/trial, he was in custody for about three months. It is further submitted
that at the time of commission of offence, the applicant-petitioner was a student.
5. Having regard to the projections made above and the period of fixed term, it is
observed that pending disposal of the accompanying criminal revision petition, Criminal
Revision Petition no. 331/2025, which has already been admitted today for hearing, execution
of the sentence passed against the applicant-petitioner shall remain suspended and the
applicant-petitioner is allowed to be released on bail subject to furnishing a bail bond of Rs.
10,000/- with one surety each of the like amount to the satisfaction of the Trial Court.
6. The application stands allowed of in the afore-stated terms.
JUDGE
Comparing Assistant
