Manik Saikia vs The State Of Assam
2025 Latest Caselaw 3039 Gua

Gauhati High Court

Manik Saikia vs The State Of Assam on 11 February, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                     Page No.# 1/2

GAHC010274722024




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

                         Case No. : I.A.(Crl.) 117/2025

          MANIK SAIKIA
          S/O. LT. MOINA SAIKIA
          R/O. NAKARI GAON
          P/S. AND P/O. NAMTI
          DIST. SIVASAGAR
          ASSAM.

          VERSUS

          THE STATE OF ASSAM
          REP. BY THE PP
          ASSAM.
          ------------
          Advocate for : MR P KATAKI
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM


                                BEFORE
               HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                    ORDER

Date : 11.02.2025

Heard Mr. P. Kataki, learned counsel appearing for the applicant and Mr. D. Das, learned Addl. Public Prosecutor appearing for the State respondent.

This application has been filed under Section 430(2) of the BNSS Act, 2023, praying for suspension of sentence imposed upon the applicant on Page No.# 2/2

18.11.2024 by the learned Sessions Judge, Sivasagar in Sessions Case No. 182(S-N)/2016.

I have gone through the judgment.

The applicant was sentenced to undergo 10 years of imprisonment only for exceeding his right of private defence. The opposite party has attacked the present petitioner with sharp weapon and the petitioner allegedly exceeded his right of private defence by causing death of a person.

After going through the judgment, this Court is of the opinion that the petitioner deserves to be released on bail. Therefore, the bail application is allowed. The petitioner, Manik Saikia, shall be released on bail on furnishing bail bond of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Sessions Judge, Sivasagar.

The sentence imposed upon the applicant shall be suspended till disposal of the appeal.

I.A. is accordingly disposed of.

JUDGE

Comparing Assistant