Page No.# 1/3 vs Page No.# 2/3
2025 Latest Caselaw 1091 Gua

Gauhati High Court

Page No.# 1/3 vs Page No.# 2/3 on 16 July, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                  Page No.# 1/3

GAHC010091582025




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

                         Case No. : I.A.(Crl.)/485/2025

         MD ABDUR RAHMAN
         S/O-MD. AFTARUDDIN,R/O-VILL-BAMUN GAON,P.S-LANKA,DIST-
         HOJAI,ASSAM

         2: MD FOIZUR RAHMAN
          S/O-AFTARUDDIN
         R/O-VILL-BAMUN GAON
         P.S-LANKA
         DIST-HOJAI
         ASSAM

         3: MD TOYJUR RAHMAN
          S/O-AFTARUDDIN
         R/O-VILL-BAMUN GAON
         P.S-LANKA
         DIST-HOJAI
         ASSAM

         4: JIABUR RAHMAN
          S/O-LT. ANOWAR UDDIN
         R/O-NO.2 PIPAL PUKHIURI
         P.S-LANKA
         DIST-HOJAI
         ASSAM

         6: TOYBUR RAHMAN
          S/O-LT. ALIMUDDIN LASKAR
         R/O-NO.2 PIPAL PUKHIURI
         P.S-LANKA
         DIST-HOJAI
         ASSA

         VERSUS
                                                                                       Page No.# 2/3

             THE STATE OF ASSAM
             REP. BY THE PP,ASSAM



Advocate for the Petitioner   : MR. A M BORA, MR. V A CHOWDHURY,MR. D GAGAI

Advocate for the Respondent : PP, ASSAM,




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                             ORDER

16.07.2025

Heard Mr. A M Bora, learned senior counsel appearing for the appellants, assisted by Mr. V A Chowdhury, Advocate. Also heard Mr. D P Goswami, learned Additional Public Prosecutor, Assam.

This application has been filed under Section 430 of the BNSS, 2023 for suspension of sentence and for granting bail to the applicants.

The applicants were convicted under Sections 326/333 read with 149 of the IPC and under Section 3(2) of the Prevention of Damage to Public Property Act, 1984.

The medical report available in the case record shows that the victims sustained simple injuries.

I have gone through the judgment.

Considering entire aspect of the matter, the prayer of the applicants is allowed. Hence, the sentence imposed upon the applicants by the learned Sessions Judge, Hojai, Sankardev Nagar in Sessions Case No. (1) 18/2021 shall remain suspended till disposal of the connected appeal.

Page No.# 3/3

The applicants (1) Md. Abdur Rahman, (2) Md. Foizur Rahman, (3) Md. Toyjur Rahman, (4) Jiabur Rahman and (6) Toybur Rahman, who have been convicted in connection with Sessions Case No. (1) 18/2021 by the learned Sessions Judge, Hojai, Sankardev Nagar are allowed to go on bail of Rs.25,000/- each with one surety each of like amount to the satisfaction of the learned Sessions Judge, Hojai, Sankardev Nagar.

The IA stands disposed of.

JUDGE

Comparing Assistant