Citation : 2025 Latest Caselaw 1113 Gua
Judgement Date : 17 July, 2025
Page No.# 1/3
GAHC010012412025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/106/2025
KAMAR UDDIN @ KAMARUDDIN
S/O. ABDUL LATIF, R/O. VLLLAGE- DAKHIN LASKAR PATHER, POST
OFFICE- LASKAR PATHER, POLICE STATION- LANKA, DISTRICT- HOJAI,
ASSAM, PIN.782445
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM.
2:IMRAN HUSSAIN
SON OF LATE- YUSUF ALI
R/O. VILL. RANGALO SUTAR GAON
P.S -JUMURMUR
DISTRICT-NAGAON (ASSAM)
PIN-782446
Advocate for the Petitioner : Muhi Uddin Barbhuyan, MRS. H THAKURIA,F K R AHMED
Advocate for the Respondent : PP, ASSAM, MS. T BEGUM (R-2),MR. A ROSHID (R-2)
Linked Case : Crl.A./43/2025
KAMAR UDDIN @ KAMARUDDIN
S/O. ABDUL LATIF
R/O. VLLLAGE- DAKHIN LASKAR PATHER
POST OFFICE- LASKAR PATHER
POLICE STATION- LANKA
DISTRICT- HOJAI
ASSAM
PIN.782445
Page No.# 2/3
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP
ASSAM
2:IMRAN HUSSAIN
SON OF LATE YUSUF ALI
R/O. VILL. RANGALO SUTAR GAON
P.S -JUMURMUR
DIST.-NAGAON (ASSAM).
------------
Advocate for : Muhi Uddin Barbhuyan
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 17.07.2025
Heard Mr. F K R Ahmed, the learned counsel appearing for the applicant. Also heard Mr. R J Baruah, the learned Additional Public Prosecutor for the State of Assam as well as Mrs. M R Devi, the learned counsel appearing for the respondent No. 2.
2. This is an application under Section 430 of the BNSS, 2023 in respect of the impugned judgment dated 22.11.2024 passed by the learned Sessions Judge, Sankardev Nagar, Hojai in Sessions Case No.(1)18/2021.
3. The applicant was convicted under Section 326/333 of the Indian Penal Code. For the offence u/s 326 of the said Code, the applicant was sentenced to undergo rigorous imprisonment for 10 (ten) years.
4. Mr. Baruah has objected to this bail application.
5. I have considered the submissions made by the learned counsel of both Page No.# 3/3
sides. I have also gone through the impugned judgment.
6. It is hereby directed that the sentence imposed upon the applicant Md. Kamar Uddin @ Kamaruddin by the learned Sessions Judge, Sankardev Nagar, Hojai vide the impugned judgment dated 22.11.2024 passed in Sessions Case No.(1)18/2021 shall remain suspended till the disposal of the connected appeal.
7. Therefore, the applicant Md. Kamar Uddin @ Kamaruddin shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Sankardev Nagar, Hojai.
With the aforesaid direction, the IA stands disposed of.
JUDGE
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