Citation : 2025 Latest Caselaw 9263 Gua
Judgement Date : 2 December, 2025
Page No.# 1/3
GAHC010237992025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1277/2025
SRI KUMAR UDAYAN BAISHYA
S/O SRI GHANASHYAM BAISHYA
RO KALBARIHABI
DHANSIRIGHAT
PS ORANG
DIST UDALGURI
ASSAM
VERSUS
SRI BIKASH NAG
S/O PRADIP NAG
R/O ROWTA BAGAN
PS ROWTA
DIST UDALGURI
ASSAM
------------
Advocate for : MR. A BHATTACHARYA
Advocate for : appearing for SRI BIKASH NAG
Page No.# 2/3
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 02.12.2025
Learned counsel Mr. A. Bhattacharya, is present for the applicant, who has filed this application under Section 430 of BNSS, 2023, with prayer to remain on previous bail as the applicant has been convicted under Section 138 of the N.I. Act in connection with N. I. Case No. 18/2022 and this conviction has been upheld in Criminal Appeal No. 18/2025 vide order dated 25.09.2025.
It is submitted that the applicant has a good case and there is every possibility that he may be acquitted from the charges.
Considering the submissions and after going through the impugned judgments, the applicant is allowed to remain on previous bail until further orders.
The order of conviction and sentence in N. I. Case No. 18/2022 and the order in Criminal Appeal No. 18/2025 dated 25.09.2025 remain suspended until further orders, subject to the condition that:
The applicant deposits 20% of fine amount before the learned trial court within 1 (one) month from today.
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In terms of the above observations, this Interlocutory Application stands disposed of.
JUDGE
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