Ali Ahmed vs The State Of Assam
2025 Latest Caselaw 9374 Gua

Gauhati High Court

Ali Ahmed vs The State Of Assam on 11 December, 2025

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GAHC010168112025




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

                              Case No. : I.A.(Crl.)/808/2025

             ALI AHMED
             S/O. MD BASIRUDDIN AHMED
             R/O. VILL.- PACHIM DEOSUNGA (AMBARISH NAGAR)
             P/S. GORESWAR
             DIST. TAMULPUR
             ASSAM.


             VERSUS

             THE STATE OF ASSAM
             REP. BY THE PP
             ASSAM


             ------------
             Advocate for : MS. M MEDHI
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM



                                       BEFORE
                 HON'BLE MR. JUSTICE RAJESH MAZUMDAR
                                        ORDER

11.12.2025 Heard Md I Hussain, learned counsel appearing for the applicant. Also heard Mr D Gogoi, learned Special Public Prosecutor for the Forest Department; and Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam.

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2. This is an application under Section 430 of the BNSS, 2023, corresponding to Section 389 CrPC, praying for suspension of sentence passed in the Judgment and Order dated 13.06.2025, passed by the learned Sessions Judge, Baksa at Mushalpur, in Special WL(P) Case No. 12/2018, whereby the applicant/appellant has been convicted under Section 51 of the Wild Life (Protection) Act, 1972, and allowing the applicant/appellant to go on bail.

3. Notice in this case was issued on 04.08.2025.

4. Learned counsel for the applicant submits that during the period of trial, the applicant was allowed to remain on bail and he had participated in the trial proceedings. He further submits that the petitioner undertakes to extend all cooperation during the pendency of this appeal also.

5. However, the learned Special Public Prosecutor and the Additional Public Prosecutor has objected to the bail prayer.

6. However, given the facts and circumstances of the case, since the criminal appeal is already admitted for hearing, this Court is of the opinion that the applicant may be allowed to go on bail. Accordingly, the sentence imposed on the applicant/appellant in Special WL(P) Case No. 12/2018, by the learned Sessions Judge, Baksa, Mushalpur, vide order dated 13.06.2025 is suspended, subject to the following conditions:-

a) The applicant/appellant is directed to be released on bail on his furnishing a bond of Rs. 30,000/- with 2 (two) sureties of the like amount subject to the satisfaction of the learned Sessions Judge, Baksa at Mushalpur.

b) The applicant/appellant on his being enlarged on bail is directed to report before the Sessions Judge, Baksa at Mushalpur, on all Mondays and Fridays, at 10:00 am, till the disposal of the appeal, pending before this Court.

c) The applicant/appellant shall not indulge in any forest related activities during the period of suspension of sentence.

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d) The Officer-In-Charge, Goreswar Police Station is directed to monitor the applicant/appellant and if they find the applicant/appellant involves in any criminal activities, the Officer-In-Charge, Goreswar Police Station is at liberty to bring it to the notice of the Court through the Public Prosecutor.

e) The applicant/appellant shall not leave the territorial jurisdiction of the Court.

f) In case of violation of any of the above conditions, the prosecution may ask for cancellation of bail.

g) It is made clear that this Court has not delved into the merits of the appeal.

With the aforesaid observations, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant