Karabi Sonowal vs The State Of Assam And Anr
2025 Latest Caselaw 3087 Gua

Gauhati High Court

Karabi Sonowal vs The State Of Assam And Anr on 12 February, 2025

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GAHC010236222024




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

                                  Case No. :
          I.A.(Crl.)/1095/2024

         KARABI SONOWAL
         W/O SRI RAJIB SONOWAL
         R/O VILL- RAJABARI SONOWAL GAON
         P.S. BORHOLLA
         DIST. JORHAT
         ASSAM


          VERSUS

         THE STATE OF ASSAM AND ANR
         REPRESENTED BY THE PP
         ASSAM

         2:MD. NURTAZ ALI
         S/O LATE IDRISH ALI BORHOLLA P.S. DIST. JORHAT
         ASSAM
          ------------
         Advocate for : MR. R CHETRI
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR


                                  In Crl.Rev.P./459/2024

                     KARABI SONOWAL
                     W/O SRI RAJIB SONOWAL,
                     R/O VILL- RAJABARI SONOWAL GAON, P.S. BORHOLLA,
                     DIST. JORHAT, ASSAM



                     VERSUS
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                      THE STATE OF ASSAM AND ANR
                      REPRESENTED BY THE PP, ASSAM

                      2:MD. NURTAZ ALI
                       S/O LATE IDRISH ALI
                      BORHOLLA P.S.
                      DIST. JORHAT
                      ASSA

          Advocate for the Petitioner   : MR. R CHETRI, MR. T DEURI,MR N MILI,MR U
          SAIKIA

          Advocate for the Respondent : PP, ASSAM,




                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

12.02.2025

1. Heard Mr. T. Deuri, the learned counsel for the applicant/petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, Assam.

2. This Interlocutory Application has been filed by the applicant/petitioner for suspension of the sentence imposed on him by the impugned order dated 09.09.2024, passed by the Court of the learned Special Judge, Jorhat in Special (NDPS) Case No. 44/2021. The said order has been impugned by the petitioner/applicant by filing a connected Criminal Revision Petition, which is registered as Criminal Revision Petition No. 459/2021. Though the instant Interlocutory Application has been filed under Section 430 of the BNSS, 2023, however, same is treated to be an application under Section 438 of the BNSS, 2023.

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3. The learned counsel for the applicant/petitioner is on previous bail granted by the Court of the learned Special Judge, Jorhat.

4. Since the sentence imposed by the impugned order is a short sentence of 3 years only, and since the disposal of the connected Criminal Revision Petition may take time. Hence, considering the short period of sentence imposed on the present petitioner/applicant, the execution of the sentence imposed by the impugned judgment on the petitioner shall remain suspended during the pendency of the connected Criminal Revision Petition No. 459/2021 and the petitioner is allowed to remain on previous bail granted to him by the Court of the learned Special Judge, Jorhat.

5. With the above observations, this Interlocutory Application is accordingly disposed of.

JUDGE

Comparing Assistant