Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 1867 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 9 January, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                            Page No.# 1/3

GAHC010251512024




                                                     undefined

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

                              I.A.(Crl.)/1179/2024

         ABDUL SAMAD AND 2 ORS
         S/O LATE JORIPUDDIN SK

         RESIDENT OF VILLAGE KODOMTOLA PART III
         PS BILASIPARA
         DIST DHUBRI
         ASSAM

         2: BABLU SEIKH

         S/O LATE JORIPUDDIN SK

         RESIDENT OF VILLAGE KODOMTOLA PART III
         PS BILASIPARA
         DIST DHUBRI
         ASSAM

         3: SOFIQUL HOQUE @ BACCHU
         S/O LATE JORIPUDDIN SK

         RESIDENT OF VILLAGE KODOMTOLA PART III
         PS BILASIPARA
         DIST DHUBRI
         ASSAM
         VERSUS

         THE STATE OF ASSAM
         REPRESENTED BY PP ASSAM
         ------------
         Advocate for : MR S J CHOUDHURY
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
                                                                                   Page No.# 2/3

                                  Case No. : Crl.A./404/2024

            ABDUL SAMAD AND 2 ORS
            S/O LATE JORIPUDDIN SK,
            RESIDENT OF VILLAGE KODOMTOLA PART III, PS BILASIPARA, DIST
            DHUBRI, ASSAM

            2: BABLU SEIKH

             S/O LATE JORIPUDDIN SK

            RESIDENT OF VILLAGE KODOMTOLA PART III
            PS BILASIPARA
            DIST DHUBRI
            ASSAM

            3: SOFIQUL HOQUE @ BACCHU
             S/O LATE JORIPUDDIN SK

            RESIDENT OF VILLAGE KODOMTOLA PART III
            PS BILASIPARA
            DIST DHUBRI
            ASSA

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP ASSAM



Advocate for the Petitioner   : MR S J CHOUDHURY, MR A SHORIF,MS N BEGUM

Advocate for the Respondent : PP, ASSAM, MR A.K. MOLLAH (INFORMANT),MR. R I
MONDAL (INFORMANT),MR. M HUSSAIN (INFORMANT)


                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

Date : 09.01.2025

Heard the learned sr. counsel Mr. Z. Kamar assisted by Mr. P. D. Choudhury, learned counsel appearing for the applicants as well as Mr. D. Das, learned Additional Public Prosecutor appearing for the State of Assam and Mr. M. Hossain, learned counsel appearing for the Page No.# 3/3

informant.

2. This is an application u/s 430 of the BNSS, 2023 praying for suspension of sentence and for allowing the applicants to go on bail.

3. I have gone through the impugned judgment. After perusing the judgment, this Court is of the opinion that at this stage, the sentence imposed upon the applicants on 26.09.2024 by the learned Addln. Sessions Judge, Bilasipara, Dhubri in Sessions Case No. 77/2019 needs to be suspended.

4. Accordingly, the sentence imposed upon the applicants by the learned Addln. Sessions Judge, Bilasipara, Dhubri, in Sessions Case No. 77/2019 shall remain stayed till disposal of the appeal.

5. The applicants, Abdul Samad, Bablu Seikh & Sofiqul Hoque @ Bacchu shall be allowed to go on bail of Rs. 25,000/- each with sureties of like amount to the satisfaction of the learned Addln. Sessions Judge, Bilasipara, Dhubri.

With the aforesaid direction, the interlocutory application stands disposed of.

JUDGE

Comparing Assistant