Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 26 August, 2025
Page No.# 1/3
GAHC010185232025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./347/2025
JAHIRUL HOQUE AND 2 ORS.
S/O OBBAR ALI
VILL- JHASKAL PT.III
P.O. JHASKAL
P.S. AGOMONI
DIST. DHUBRI, ASSAM
2: MOFIDA BIBI
W/O JAHIRUL HOQUE
VILL- JHASKAL PT.III
P.O. JHASKAL
P.S. AGOMONI
DIST. DHUBRI
ASSAM
3: BHOLA ALI
S/O JABED ALI
VILL- JHASKAL PT.III
P.O. JHASKAL
P.S. AGOMONI
DIST. DHUBRI
ASSA
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM
2:MAYNA BIBI
W/O HAMED ALI
VILL- JHASKAL PT.III
P.O.JHASKAL
P.S. AGOMONI
DIST. DHUBRI
Page No.# 2/3
ASSAM
PIN-78333
Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI,MR B K MISHRA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
26.08.2025
1. Heard Mr. S. Islam, the learned counsel for the petitioners. Also heard
Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State
of Assam.
2. This criminal revision petition has been filed under Section 438 read
with Section 442 of the BNSS, 2023 by the petitioners, namely, Jahirul Hoque, 2.
Mofida Bibi and 3. Bhola Ali, impugning the judgment dated 23.07.2025, passed
by the learned Additional Sessions Judge, Dhubri in Criminal Appeal No.
03/2021, whereby the Appellate Court, i.e. the Court of the learned Additional
Sessions Judge, Dhubri modified the sentence imposed on the petitioners to
imprisonment for 06 (six) months along with a fine which was imposed on the
petitioners by the Trial Court.
3. The learned counsel for the petitioners has submitted that the
petitioners were allowed to remain on previous bail by the Trial Court so as to
give them an opportunity to approach this Court.
4. Issue notice to the respondents.
5. Since Mr. K.K. Parasar, the learned Additional Public Prosecutor has
appeared for the respondent No. 1, no formal notice needs to be issued to the
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respondent No. 1, however, as regards the respondent No. 2 is concerned, the
petitioners shall take steps for issuance of notice upon the said respondents by
registered post with A/D within 7(seven) days from the date of this order,
returnable after 4(four) weeks.
6. Let the records of the Trial Court as well as the First Appellate Court be
called for.
7. The Registry to take steps for requisitioning the aforesaid records.
8. In the meanwhile, considering the fact that only 06(six) months
sentence has been imposed on the petitioners during the pendency of this
criminal revision petition, the execution of sentence imposed on the petitioners
shall be kept in abeyance and the petitioners were allowed to go on previous
bail granted by the Trial Court.
9. List accordingly after 4(four) weeks.
JUDGE
Comparing Assistant
