Sri Biswa Das vs The State Of Assam And Anr
2025 Latest Caselaw 9785 Gua

Gauhati High Court

Sri Biswa Das vs The State Of Assam And Anr on 19 December, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                      Page No.# 1/3

GAHC010275982025




                                                               undefined

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

                             Case No. : I.A.(Crl.)/1365/2025

            SRI BISWA DAS
            SON OF SRI MANIK DAS
            RESIDENT OF TENGANI DIGHOLI MAJGAON POLICE STATION-
            BORPATHAR DISTRICT -GOLAGHAT
            ASSAM PIN-785602

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSAM.

            2:SMTI NIZORA GOGOI
            WIFE OF SRI KAMAL GOGOI
             RESIDENT OF VILLAGE NAHARKHANA MISING GAON
             POLICE STATION-BARPATHAR DISTRICT -GOLAGHAT
            ASSAM. PIN-785602
             ------------
            Advocate for : MR. T DEURI
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR


                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                        ORDER

Date : 19.12.2025

Heard Mr. T. Deuri, learned counsel for the applicant-appellant and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.

Page No.# 2/3

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

3. The applicant as appellant has preferred the accompanying criminal appeal against a Judgment and Order dated 13.10.2025 passed by the Court of learned Special Judge [POCSO], Golaghat in Special [POCSO] Case no. 72/2021. By the Judgment and Order dated 13.10.2025, the applicant-appellant has been convicted for the offence under Section 448, Indian Penal Code and Section 10, Protection of Children from Sexual Offences [POCSO] Act, 2012. For the offence under Section 448, IPC, the applicant-appellant has been sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 1,000/-, with default stipulation. For the offence under Section 10, POCSO Act, the applicant- appellant has been sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 10,000/-, without default stipulation.

4. Issue notice, returnable on 13.02.2026.

5. As Mr. Goswami, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, issuance of formal notice to the opposite party no. 1 is dispensed with.

6. The applicant-appellant shall take steps for service of notice upon the opposite party no. 2 in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024.

7. The learned Additional Public Prosecutor shall make endeavour to file objection to the instant application on or before the returnable date, if so advised.

Page No.# 3/3

8. List the case on 13.02.2026.

JUDGE

Comparing Assistant