Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 1255 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 6 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                  Page No.# 1/3

GAHC010001132025




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

                         Case No. : I.A.(Crl.)/585/2025


         DIPJYOTI DEWGHARIA AND ANR.
         S/O. GULAB DEWGHARIA
         R/O. BORCHALI MOUZA
         P/S. BORHAT
         DIST. CHARAIDEW
         ASSAM.

         2: SIBU CHETRY
         S/O. RATNABAHADUR CHETRY
          R/O. BORCHALI
          P/S. BORHAT
          DIST. CHARAIDEW.
         VERSUS

         THE STATE OF ASSAM AND ANR.
         REP BY THE PP
         ASSAM

         2:SONADHAR DAS
         S/O. LT. PUNARAM DAS
          R/O. DANGORI KUMAR GAON
          BORHAT
          NAMRUP
          ------------
         Advocate for : MR. A KHANDAKAR
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                                                           Page No.# 2/3

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : 06.06.2025 [M. Choudhury, J]

Heard Mr. P. Goswami, learned Senior Counsel assisted by Mr. P.J. Dutta, learned counsel for the applicants-appellants and Ms. S.H. Bora, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam.

2. The instant application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred seeking suspension of execution of the sentence passed against the applicants-appellants and for their release on bail.

3. The applicants as appellants have preferred the accompanying criminal appeal against a Judgment dated 05.11.2024 and an Order on Sentence dated 11.11.2024 passed by the Court of learned Sessions Judge, Charaideo, Sonari in Sessions [Cha] Case no. 212/2010, arising out of Borhat Police Station Case no. 65/2009. By the Judgment dated 05.11.2024 and the Order on Sentence dated 11.11.2024, the applicants-appellants have been convicted for the offences under Section 302, Indian Penal Code [IPC] and Section 201, IPC read with Section 34, IPC. For the offence under Section 302/34, IPC, both the applicants- appellants have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each, with default stipulation. For the offence under Section 201/34, IPC, both the applicants-appellants have been sentenced to undergo imprisonment for 3 years each. Both the sentences are ordered to run concurrently.

Page No.# 3/3

4. Issue notice, returnable in 4 [four] weeks.

5. As Ms. Bora, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, issuance of formal notice to the opposite party no. 1 is dispensed with.

6. The applicants-appellants shall take steps for service of notice upon the opposite party no. 2 by registered post with A/D within 3 [three] working days from today.

7. The learned Additional Public Prosecutor shall make endeavour to file objection to the instant application on or before the returnable date.

8. List the case after 4 [four] weeks.

                                         JUDGE               JUDGE




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