Gauhati High Court
Ratul Gogoi vs The State Of Assam And Anr on 24 June, 2025
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GAHC010125132025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/652/2025
RATUL GOGOI
S/O. SRI SUKHESWAR GOGOI
R/O. NO. 2 MOTHADUNG GAON
AKHOOIPHUTIA
P/S. SIVASAGAR
P/O. DIMOWMUKH
DIST. SIVASAGAR
ASSAM
PIN-785663.
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP
ASSAM
2:NIPEN GOGOI
S/O. SENIRAM GOGOI
R/O. NO. 2
MOTHADUNG GAON
AKHOOIPHUTIA
P/S.SIVASAGAR
P/O. DIMOWMUKH
DIST. SIVASAGAR
ASSAM
PIN-785663
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Advocate for : MR. D GOGOI
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
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Case No. : Crl.A./222/2025
RATUL GOGOI
S/O. SRI SUKHESWAR GOGOI, R/O. NO. 2 MOTHADUNG GAON,
AKHOOIPHUTIA, P/S. SIVASAGAR, P/O. DIMOWMUKH, DIST. SIVASAGAR,
ASSAM, PIN-785663.
VERSUS
THE STATE OF ASSAM AND ANR.
REP BY THE PP, ASSAM
2:NIPEN GOGOI
S/O. SENIRAM GOGOI
R/O. NO. 2
MOTHADUNG GAON
AKHOOIPHUTIA
P/S.SIVASAGAR
P/O. DIMOWMUKH
DIST. SIVASAGAR
ASSAM
PIN-78566
Advocate for the Petitioner : MR. D GOGOI, MR H K BARUAH,MRS P DUTTA DHAR
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
24.06.2025
Heard Mr. D. Gogoi, learned counsel appearing for the applicant. Also
heard Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State
Respondent.
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2. By way of this application under Section 430 of BNSS, 2023, the applicant
is seeking suspension of execution of the impugned Judgment & Order dated
29.04.2025 passed by the learned Sessions Judge, Sivasagar, Assam, is Sessions
Case 147(S-S)/2022, whereby the applicant was convicted under Section 341
IPC and sentenced for one month Simple Imprisonment and to pay a fine of Rs.
500/- in default, Simple Imprisonment for 15 days and under Section 324 IPC,
Rigorous Imprisonment for 6 months and to pay a fine of Rs. 500/- in default,
Simple Imprisonment for 15 days.
3. The brief facts of the case is that the applicant has been prosecuted and
convicted in Sessions Case No. 147 (S-S)/2022 on 29.04.2025 by the learned
Sessions Judge, Sivasagar and sentenced thereof.
4. Accordingly, the accompanying criminal appeal has been preferred.
5. The instant application has been filed for suspension of the execution of
the aforesaid conviction and sentence and for allowing the petitioner to remain
on previous bail.
6. Heard the learned counsels appearing for the parties and also perused the
materials available on record.
7. The grounds in support of the prayer made in this application reads as
under:
"3. That on completion of the investigation, the Investigating Officer,
having found sufficient materials against accused Ratul Gogoi submitted
Charge Sheet against him before the learned Chief Judicial Magistrate,
Sivasagar, vide Sivsagar P.S. Charge Sheet No. 418/2021 dated
31.10.2021 U/S 341/323/307 of IPC. However, the investigation officer
prayed before the learned Chief Judicial Magistrate, Sivasagar, to
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discharge other accused from the case.
4. That the learned Chief Judicial Magistrate, Sivasagar, consequent upon
the filing of the charge sheet, taken cognizance of the offence U/S
341/323/307 of IPC against the accused Ratul Gogoi and issued process
to secure his attendance. Upon appearance of the accused, the learned
Chief Judicial Magistrate, Sivasagar, committed the case record to the
Court of learned Sessions Judge, Sivasagar being the case was a session
triable case.
5. That upon receipt of the case record on commitment, a Session Case
has been registered vide Sessions Case No. 147 (S-S) /2022 and the
same has been transferred to the Court of learned Assistant Sessions
Judge, Sivasagar for disposal and said learned court after receipt of the
case record, having heard the learned counsels of both sides and having
found prima facie materials u/s 341/326/307 IPC, framed a formal
charge u/s 341/326/307 IPC against accused Ratul Gogoi. The accused
denied guilt when the charge was read over and explained to him and
claimed to be tried.
6. That the in order to prove its case, the Prosecution examined as many
as 9 (nine) Nos. of witnesses out of which the witness No.7 has been
declared hostile and the prosecution cross-examined him with the leave
of the court. The defence side duly cross-examined all the prosecution
witnesses except PW-5 and PW-6. Thereafter, the statement of the
accused u/s 313 Cr.P.C has been recorded wherein the accused pleaded
complete innocence."
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8. Reading of the aforesaid paragraphs, it appears that there are substantial
grounds urged in this appeal. It further appears that the petitioner has not
taken any undue advantage during trial while was on bail.
9. In view of the above, the petitioner is allowed to remain on previous bail
in connection with the Sessions Case No. 147 (S-S)/2022 pending disposal of
the instant appeal. Further the operation of the Judgment & Order dated
29.04.2025 passed by the learned Sessions Judge, Sivasagar in Sessions Case
No. 147 (S-S)/2022 shall remain suspended pending adjudication of the instant
appeal.
10. Disposed off.
JUDGE
Comparing Assistant
