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Gauhati High Court
Sri Pankaj Sarmah vs The State Of Assam on 11 December, 2025
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GAHC010268822025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./519/2025
SRI PANKAJ SARMAH
SRI PANKAJ SARMAH, S/O SRI PREMESWAR SARMAH, R/O NO. 3 AMGURI,
P.O.-SASANI, P.S.- DIMAKUCHI, DIST.- UDALGURI (BTR), ASSAM.
VERSUS
THE STATE OF ASSAM
REP BY PP, ASSAM
2:SRI ANIRAM BORO
S/O LATE ANGHARAN BORO
A.S.I. OF PANERI POLICE STATION
DIST.- UDALGURI (BTR)
ASSAM.
PERMANENT R/O VILL.- MUGAKHOL
P.S.- BOKO
DIST.- KAMRUP
PIN
781123
Advocate for the Petitioner : MR A DAS,
Advocate for the Respondent : PP, ASSAM,
Linked Case : I.A.(Crl.)/1332/2025
SRI PANKAJ SARMAH
SRI PANKAJ SARMAH
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S/O SRI PREMESWAR SARMAH
R/O NO. 3 AMGURI
P.O.-SASANI
P.S.- DIMAKUCHI
DIST.- UDALGURI (BTR)
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REP BY PP ASSAM
2:SRI ANIRAM BORO
S/O LATE ANGHARAN BORO
ASI OF PANERY POLICE STATION
DIST.- UDALGURI (BTR)
ASSAM.
PERMANENT R/O MUGAKHOL
P.S.- BOKO
DIST.- KAMRUP
ASSAM
PIN- 781123.
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Advocate for : ANSHUMAN DAS
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
11.12.2025
1. Learned counsel Mr. R. Dhar is present for the applicant Pankaj Sarmah who
has filed this application under Section 438 read with Section 442 and 528 of
the BNSS, 2023 with prayer for quashing the impugned judgment and order
dated 13.03.2025, passed by the learned C.J.M., Udalguri in PRC Case No.
426/2022 (G.R. Case No. 308/2020) convicting the applicant under Section
279/338/304A of the IPC and sentencing him to undergo rigorous imprisonment
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for 6 months under Section 279 of the IPC, rigorous imprisonment for 6 months
under Section 338 of the IPC, and rigorous imprisonment for 1 year and pay a
fine of Rs. 10,000/- under Section 304A of the IPC.
2. Heard learned Additional Public Prosecutor, Mr. M. P. Goswami for the
respondent State.
3. The petitioner has prayed to remain on previous bail and to suspend the
operation of the aforementioned impugned order of sentence and conviction
and to pass an order directing the petitioner to be enlarged on fresh bail.
4. I have considered the submissions at the Bar with circumspection.
5. The petitioner is hereby enlarged on bail of Rs. 10,000/- with a suitable
surety of like amount to the satisfaction of the learned Trial Court who may
impose any appropriate conditions if the Court deems fit and proper.
6. The operation of the order of conviction and sentence dated 04.07.2025
passed by the learned Sessions Judge, Udalguri in Criminal Appeal No. 15/2025
and the operation of the order of conviction and sentence dated 13.03.2025
passed by the learned CJM, Udalguri in PRC Case No. 426/2022 is hereby stayed
until further orders.
7. In terms of the above observation, this application stands disposed of.
JUDGE
Comparing Assistant
