Afarjan Khatun vs The State Of Assam
2025 Latest Caselaw 2515 Gua

Gauhati High Court

Afarjan Khatun vs The State Of Assam on 30 January, 2025

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GAHC010004672025




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

                             Case No. : I.A.(Crl.)/72/2025
                                              in
                                       Crl.A.(j)9/2025



          AFARJAN KHATUN
          D/O- EMAN ALI R/O- VILLAGE- HATIPOTA
          DHALLIGAON PS- KAJALGAON
          DIST.- CHIRANG
          ASSAM.

          VERSUS

          THE STATE OF ASSAM
          REP. BY THE PP
          ASSAM.

          2:ISMAIL HUSSAIN
          S/O. MD. ABJAN HUSSAIN
           R/O. HATIPOTA DHALIGAON
           P/S. DHALIGAON DIST. CHIRANG
          ASSAM. ------------
          Advocate for : K.P. PATHAK
          Advocate for : PP ASSAM appearing for THE STATE OF ASSAM


                                      BEFORE
               HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
                                       ORDER

30-01-2025

1. Heard Mr. K.P.Pathak, learned counsel for the applicant/ appellant and Mr. P. Page No.# 2/2

Borthakur, learned Additional Public Prosecutor, Assam for the respondent/opposite party no. 1.

2. The present interlocutory application (Crl.) is filed under Section 430 of the BNSS praying for suspension of sentence and allowing the applicant/appellant to remain on previous bail who has been convicted under Section 365 IPC and has been sentenced to undergo Rigorous Imprisonment for 3 (three) years with a fine of Rs. 10,000/-, in default of payment of fine, to undergo further imprisonment for 3 (three) months in terms of the judgment and order dated 07.08.2024 passed by the learned Sessions Judge, Chirang, Kajalgaon in Sessions Case No. 24/2024.

3. Perused the judgment and order dated 07.08.2024 as well as the present application.

4. The connected appeal has already been admitted.

5. Considering the period of sentence as well as the fact that the accused/appellant was enlarged on bail during the entire period of trial and she is still enlarged on bail previously granted by the learned Trial Court, it is provided that till disposal of the appeal, the accused/appellant shall remain on previous bail granted to her by the learned Trial Court.

6. In view of the aforesaid, this interlocutory application (Crl.) stands disposed of.

JUDGE

Comparing Assistant