Sri Kumar Udayan Baishya vs Sri Prasenjit Paul
2025 Latest Caselaw 9264 Gua

Gauhati High Court

Sri Kumar Udayan Baishya vs Sri Prasenjit Paul on 2 December, 2025

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GAHC010237982025




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                         THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : I.A.(Crl.)/1278/2025


         SRI KUMAR UDAYAN BAISHYA
         S/O SRI GHANASHYAM BAISHYA
         R/O KALBARIHABI
         DHANSIRIGHAT
         PS ORANG
         DIST UDALGURI
         ASSAM


          VERSUS

         SRI PRASENJIT PAUL
         S/O LT SIBU PAUL
         R/O BAJRAJHAR KALIBARI
         PS ROWTA
         DIST UDALGURI
         ASSAM


         ------------
         Advocate for : MR. A BHATTACHARYA
         Advocate for : appearing for SRI PRASENJIT PAUL
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                                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. 17/2022, and this conviction has been upheld in Criminal Appeal No. 19/2025 vide order dated 26.09.2025.

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. 17/2022 and the order in Criminal Appeal No. 19/2025 dated 26.09.2025 remain suspended until further orders, subject to the condition that:

The applicant deposits 20% of the fine amount before the learned trial court within 1 (one) month from today.

Page No.# 3/3

In terms of the above observations, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant