Citation : 2025 Latest Caselaw 1253 Gua
Judgement Date : 6 June, 2025
Page No.# 1/3
GAHC010116322025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./204/2025
SRI BOIKUNTHA TAID
S/O LATE SUBHARAM TAID, VILLAGE- KAPAK CHAPORI, P.O.
GHUNASUTI, P.S. NORTH LAKHIMPUR, DISTRICT LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:SMTI SABITRI KULI
DAUGHTER OF SRI TANURAM KULI
VILLAGE- NO.1 DASHARIA
P.S. BIHPURIA
DISTRICT - LAKHIMPUR
ASSAM
Advocate for the Petitioner : MR B BURAGOHAIN, MR. P K GOGOI
Advocate for the Respondent : PP, ASSAM,
Linked Case : I.A.(Crl.)/571/2025
SRI BOIKUNTHA TAID
S/O LATE SUBHARAM TAID
VILLAGE- KAPAK CHAPORI
P.O. GHUNASUTI
P.S. NORTH LAKHIMPUR
DISTRICT LAKHIMPUR
Page No.# 2/3
ASSAM
VERSUS
THE STATE OF ASSAM ANR
REP. BY THE PP
ASSAM
2:SMTI SABITRI KULI
DAUGHTER OF SRI TANURAM KULI
VILLAGENO.1 DASHARIA
P.S. BIHPURIA
DISTRICT - LAKHIMPUR
ASSAM.
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Advocate for : MR B BURAGOHAIN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM ANR
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
06.06.2025
1. Heard learned counsel Mr. U. J. Saikia for the applicant Boikuntha Taid who has filed this application under Section 438 of the BNSS, 2023 with prayer for suspension of the sentence and with prayer to remain on previous bail as he is convicted under Section 417 of the IPC in connection with GR Case No. 2325/2016 and sentenced to undergo rigorous imprisonment for 1 year and to pay a fine of Rs. 10,000/- with default stipulation.
2. This conviction and sentence has been upheld by the learned Sessions Judge, Lakhimpur, North Lakhimpur in connection with Criminal Appeal No. 19(4)/2025.
3. Heard learned Additional Public Prosecutor, Mr. D. P. Goswami for the Page No.# 3/3
respondent State.
4. I have considered the submissions at the Bar. The applicant is hereby allowed to remain on previous bail as he has already been enlarged on bail by the learned Sessions Judge.
5. Meanwhile, the operation of the Judgment and Order of conviction is stayed until further orders.
6. In terms of the above observation, this application stands disposed of.
JUDGE
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