Paresh Bharali Alias Paren vs The State Of Assam
2025 Latest Caselaw 9669 Gua

Gauhati High Court

Paresh Bharali Alias Paren vs The State Of Assam on 17 December, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                         Page No.# 1/3

GAHC010161522025




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

                                 Case No. : I.A.(Crl.)/780/2025

            PARESH BHARALI ALIAS PAREN
            S/O LATE MAHESWAR BHARALI, R/O VILL. DWIGUNPAR (LEJA), P.S.
            KAMALPUR, DIST.KAMRUP, ASSAM. PIN 781352



            VERSUS

            THE STATE OF ASSAM
            REP BY PP ASSAM



Advocate for the Petitioner   : MR. A PAUL,

Advocate for the Respondent : PP, ASSAM,




             Linked Case : Crl.A./239/2025

            PARESH BHARALI @ PAREN

            S/O LATE MAHESWAR BHARALI
            R/O VILL. DWIGUNPAR (LEJA)
            P.S. KAMALPUR
            DIST.KAMRUP
            ASSAM. PIN 781352


             VERSUS
                                                                                 Page No.# 2/3

             THE STATE OF ASSAM
             REPRESENTED BY THE PP
             ASSAM


             ------------
             Advocate for : MR. A PAUL
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM



                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 17.12.2025

Heard Mr. A. Paul, learned counsel for the applicant-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party-respondent State of Assam.

2. The present application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred by the applicant-appellant seeking suspension of execution of the sentence passed against him and for his release on bail.

3. The applicant as the appellant has preferred the accompanying criminal appeal, Criminal Appeal no. 239/2025 against a Judgment and Order dated 23.04.2025 passed by the Court of Additional Sessions Judge [FTC], Rangia, Kamrup ['the Trial Court', for short] in Sessions Case no. 70/2018. By the Judgment and Order dated 23.04.2025, the Trial Court has convicted the applicant-appellant for the offence under Section 307, Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for 5 [five] years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo simple imprisonment for one month.

4. It is averred that since the date of the Judgment and Order dated 23.04.2025, the applicant-appellant is undergoing the period of sentence and as on date, the applicant- appellant has spent near about eight months of the sentence.

5. It is contended on behalf of the applicant-appellant that the victim himself in his Page No.# 3/3

testimony before the Trial Court had deposed that the applicant-appellant was brandishing a dao and it was at that time, he was apprehended by passers-by and there was no attempt from the applicant-appellant to cause assault on the person of the alleged victim.

6. It is further stated that the applicant-appellant is aged about seventy years as on date.

7. From the testimony of the alleged victim it prima facie emerges that there was no injury on the person of the victim, the possibility of either acquittal on benefit of doubt or reduction in the sentence cannot be ruled out altogether.

8. Taking into consideration of the facts that the applicant-appellant is aged about seventy years and he has spent about eight months out of the sentence period of 5 [five] years, it is ordered that pending disposal of the accompanying criminal revision petition, the execution of the sentence passed against the applicant-appellant shall remain suspended and the applicant-appellant shall be allowed to go on bail subject to furnishing a bail bond of Rs. 5,000/- with one surety of like amount to the satisfaction of the Trial Court.

JUDGE

Comparing Assistant