[Cites 3, Cited by 0]
Gauhati High Court
Jiyarul Ali vs The State Of Assam on 17 December, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010274632025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Crl.)/1352/2025
JIYARUL ALI
SON OF - ABBACH ALI
R/O- VILLAGE- DEOSUNGA
P.S - GORESWAR
DISTRICT- BAKSA
ASSAM.
VERSUS
THE STATE OF ASSAM
REP BY THE PP
ASSAM
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Advocate for : MR P DAS
Advocate for : appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
17.12.2025
Heard Mr. P. Das, learned counsel for the applicant-revision petitioner and Mr. M.P.
Goswami, learned Additional Public Prosecutor, Assam for the opposite party-respondent
State.
Page No.# 2/3
2. The instant interlocutory application under Section 389 and Bharatiya Nagarik
Suraksha Sanhita [BNSS], 2023 is preferred seeking suspension of execution of the sentence
passed against the applicant-revision petitioner and for his release on bail.
3. The applicant as the revision petitioner has preferred the accompanying criminal
revision petition, which is directed against a Judgment dated 04.11.2025 passed by the Court
of learned Sessions Judge, Baksa, Mushalpur ['the Appellate Court', for short] in Criminal
Appeal no. 08/2025.
4. The appeal before the Appellate Court was preferred against a Judgment and Order
dated 10.01.2025 passed by the Court of learned Chief Judicial Magistrate, Baksa, Mushalpur
['the Trial Court', for short] in P.R. Case no. 252/2023 whereby the Trial Court convicted the
applicant-revision petitioner for the offences under Section 279, Indian Penal Code [IPC] and
Section 304A, IPC. For the offence under Section 279, IPC, the applicant-revision petitioner
was sentenced to undergo simple imprisonment for one year and for the offence under
Section 304A, IPC, he was sentenced to undergo simple imprisonment for two years by the
Trial Court.
5. In the appeal, the Appellate Court while upholding the conviction, modified the
sentences. For the offence under Section 279, IPC, the applicant-revision petitioner has been
sentenced to undergo simple imprisonment for three months. In addition, for the offence
under Section 304A, IPC, the applicant-revision petitioner has been sentenced to undergo
simple imprisonment for one year. The sentences are ordered to run concurrently.
6. It has been submitted that the alleged incident occurred on 30.12.2020 and the First
Information Report [FIR] was lodged with much delay on 11.01.2021. The victim succumbed
to the alleged injuries on 02.01.2021. It is further contended that the two of the prosecution
witnesses in their previous statements stated that they did not witness the incident. But in
their testimony before the Court, they had improved their versions by stating that they
witnessed the incident.
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7. Having regard to the above projections made on behalf of the applicant-revision
petitioner, this Court is of the considered view that the applicant-revision petitioner has made
out a prima facie case for suspension of sentence pending disposal of the revision petition.
8. It is, therefore, ordered that pending disposal of appeal, execution of the sentence
passed against the applicant-revision petitioner shall remain suspended and the applicant-
revision petitioner is allowed to be released on fresh bail subject to furnishing a bail bond of
Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court.
9. The interlocutory application stands disposed of in the afore-stated terms.
JUDGE
Comparing Assistant
