Gauhati High Court
Biplob Kumar Ghosh vs Kajal Das And Anr on 27 August, 2025
Page No.# 1/4
GAHC010169062025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./302/2025
BIPLOB KUMAR GHOSH
S/O SRI BIPUL CHANDRA GHOSH
R/O QTR. NO. 545/C, BGR TOWNSHIP,
P.O. AND P.S. DHALIGAON,
DIST. CHARING, ASSAM
VERSUS
KAJAL DAS AND ANR
S/O SRI JOHAR DAS
R/O DHALIGAON, NEAR GANESH MANDIR, P.O. NEW BOINGAIGOAN,
DIST. BONGAIGAON, ASSAM
2:THE STATE OF ASSAM
REPRESENTED BY THE PP
ASSA
Advocate for the Petitioner : MR M BARMAN, P BURAGOHAIN
Advocate for the Respondent : PP, ASSAM,
Linked Case : I.A.(Crl.)/845/2025
BIPLOB KUMAR GHOSH
S/O SRI BIPUL CHANDRA GHOSH
RESIDENT OF QTR. NO. 545/C
BGR TOWNSHIP
P.O. AN DP.S. DHALIGAON
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DIST. CHIRANG
ASSAM
VERSUS
KAJAL DAS AND ANR
S/O SRI JOHAR DAS
R/O DHALIGAON
NEAR GANESH MANDIR
P.O. NEW BONGAIGAON
DIST. BONGAIGAON
ASSAM
2:THE STATE OF ASSAM
REPRESENTED BY THE PP
ASSAM
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Advocate for : MR M BARMAN
Advocate for : PP
ASSAM appearing for KAJAL DAS AND ANR
BEFORE
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 27.08.2025.
Heard Mr. M. Barman, learned counsel for the applicant. Also heard Mr. M.P.
Goswami, learned Additional Public Prosecutor, Assam appearing for the
respondent No.2 State.
This interlocutory application has been filed for stay of the warrant of arrest and
execution of sentence pursuant to the judgment and order dated 14.07.2025,
passed by the learned Sessions Judge, Chirang in Criminal Appeal No.18/2025.
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In advertently, the order of the learned Addl. CJM, Chirang dated 16.07.2025
and 30.07.2025 were not annexed along with the connected Criminal Revision
Petition at the time of filing, whereby the order of issuance of the NBWA was
passed by the learned Trial Court below. However, through an additional
affidavit, this order has been placed before this Court in connection with the
connected Criminal Revision Petition.
After hearing the submission made by the learned counsel for the applicant and
perusal of the record, it is seen that after the order of the appeal dated
14.07.2025, the case record was immediately sent back to the learned Trial
Court below and immediately on the receipt of the case record, on 16.07.2025,
order of issuance of the NBWA was passed and on the next date i.e. on
30.07.2025 also the order of NBWA was issued against the present petitioner. It
is further submitted by Mr. M. Barman, learned counsel for the applicant that the
present Criminal Revision Petition was filed within the statutory period of 30
days but before expiry of the said 30 days, the NBWA was issued against the
present petitioner. Accordingly, vide the instant petition, it is prayed for stay of
execution of the sentence of one year simple imprisonment with a fine of
Rs.10,00,000/-, in default to fine further six months imprisonment and also
recall the NBWA, issued against the present applicant/petitioner.
Considering the submissions made by learned counsel for both sides and other
aspects of the case, the execution of the sentence and order dated 14.07.2025,
passed in Criminal Appeal No.18/2025 is hereby stayed, till disposal of the
present Criminal Revision Petition.
Further, the NBWA issued against the present petitioner is hereby recalled,
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allowing the applicant/petitioner to go on bail of Rs.20,000/- (Rupees twenty
thousands) only along with a surety of like amount to the satisfaction of the
learned Trial Court below.
The petitioner is further directed to furnish the compliance report on or before
the next date of listing, in connection with the connected Criminal Revision
Petition No.302/2025.
With the above observation, the present Interlocutory Application stands
disposed of.
JUDGE
Comparing Assistant
