Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 21 August, 2025
Author: M. Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010088982025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/439/2025
SAHJAMAL SK @ SHAHAJAMAL SK, AND ANR
S/O LATE SAHAR ALI AKOND, RESIDENT OF VILLAGE TELIPARA, PS
MANKACHAR, DIST SOUTH SALMARA MANKACHAR
2: SADUAL SK @ SHADOWAL SK @ AKOND
S/O LATE SAHAR ALI AKOND
RESIDENT OF VILLAGE HATSINGIMARI PS SOUTH SALMARA
DIST SOUTH SALMARA MANKACHAR
ASSA
VERSUS
THE STATE OF ASSAM
REP BY THE PP ASSAM
Advocate for the Petitioner : MR. D K BAIDYA, MR. S RAHMAN,MR. A M BORA
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 21.08.2025
(M. Zothankhuma, J)
Heard Mr. A. M. Bora, learned senior counsel appearing for the
applicants. Also heard Ms. B. Bhuyan, learned senior counsel/Additional
Public Prosecutor appearing for the state respondent.
2. The present application is an application filed under Section 430 of
the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for suspension of
sentence passed in relation to the judgment and order dated 19.11.2024
by the learned Sessions Judge, South Salmara-Mankachar, Assam, in
Sessions Case No.18/2021, by which the 2 applicants, i.e., Sahjamal SK
@ Shahajamal SK and Sadual SK @ Shadowal SK @ Akond, along with 13
other co-accused persons have been convicted under Sections
302/326/447/34 of the Indian Penal Code (hereinafter referred to as the
"IPC").
3. The counsel appearing for the applicants submits that the basic
case against the applicants is that they were alleged to be the main
instigators to the killing of the deceased and that the other co-accused
persons were only following the directions of the applicants. The learned
counsel for the applicants further submits that initially, there were 17
accused persons in the F.I.R., out of whom 15 were convicted under
Sections 302/326/447/34 of the IPC. He also submits that the main
accused Islam Goni, has expired in the meantime. Islam Goni was the
person who had inflicted the vital blow to the body of the deceased,
which resulted in the death of the deceased.
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4. The learned counsel for the applicants also submits that only Islam
Goni was charge-sheeted initially and the applicants along with 12 other
co-accused were not sent for trial. It was only due to the directions of the
learned trial court under Section 319 of Cr.P.C. that the applicants, along
with 12 other co-accused, were required to face trial.
5. The learned counsel for the applicants submits that the 12 accused
persons have already approached this court by way of I.A.(Crl)
No.1272/2024, praying for suspension of the sentence and grant of bail.
He further submits that the same has been allowed vide order dated
12.04.2025, passed in I.A.(Crl) No.1272/2024. He accordingly submits
that a similar order may be passed in the present case.
6. Ms. B. Bhuyan, learned Additional Public Prosecutor for the state
respondent, objects to the application for suspension of sentence and
grant of bail, on account of the applicants being the main instigators of
the crime in question. She submits that the prosecution witnesses had
proved the fact that the crime had been committed due to the directions
and instigation of the applicants, and as such, the application should be
dismissed.
7. We have heard the learned counsels for the parties.
8. On a query made by us to the learned counsels with regard to the
antecedencs of the applicants, we have been informed that the
applicants do not have any prior criminal case. In view of the fact that
the applicants and all other co-accused persons have been convicted
under the same charge i.e. Sections 302/326/447/34 of the IPC and the
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sentences have been suspended in respect of the 12 co-accused persons,
we are of the view that the present applicants should also be allowed to
be released on bail.
9. Accordingly, the sentences imposed upon the applicants are
suspended and they should be released on bail on furnishing a bail bond
of Rs.35,000/- each, with one surety each of the like amount, to the
satisfaction of the learned Sessions Judge, South Salmara-Mankachar,
Assam.
10. The interlocutory application stands disposed of.
JUDGE JUDGE
Comparing Assistant
