Gauhati High Court
Jiten Borah vs The State Of Assam on 27 June, 2025
Page No.# 1/5
GAHC010144162025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/698/2025
JITEN BORAH
S/O SRI GOBIN BORAH
RESIDENT OF VILLAGE PULUNGANI
PS JENGRAIMUKH
DIST MAJULI
ASSAM
VERSUS
THE STATE OF ASSAM
REP BY PP ASSAM
2:SMTI SANGITA BORAH
D/O SRI MOHENDRA BORAH
RESIDENT OF POTIORI GOAN
PO SAMAGURI SATRA
PS MAJULI
DIST MAJULI
ASSAM
------------
Advocate for : MR. B K MAHAJAN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
Page No.# 2/5
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 27.06.2025
Heard Mr. B.K. Mahajan, learned counsel appearing for the
applicant. Also heard Mr. B. Sharma, learned Addl. Public Prosecutor for
the State Respondent.
2. By way of this application, the petitioner is seeking suspension of
sentence and for allowing the petitioner to remain on previous bail.
3. The brief facts of the case is that the complainant, namely, Sangita
Borah submitted a Complaint Petition bearing Petition No. 58/2022
against Sri Jiten Borah stating that the complainant and accused Jiten
Borah solemnized love marriage on 7/5/2019 and thereafter they used
to live in Hengerabari, Guwahati as husband and wife. Initially they
spent good times but gradually the accused started abusing her on
trivial matters. At one point of time they came to Majuli and stayed at
her matrimonial home. The family members of the accused person did
not like her and started committing cruelty upon her by demanding
dowry. During April, 2020 while she was at her husband's house then
her brother-in-law Sri Nabajit Borah assaulted her. They administered
her lots of medicines including pregnancy termination and treatment of
Page No.# 3/5
mental patients. On 17/1/2022, the family members of her husband
confined her inside a room and assaulted her. On the next day at about
4 AM she started shouting and then her door was opened. Later on, she
took shelter at her paternal house and lodged at FIR on 19/1/2022 at
Majuli Police Station.
4. Upon receiving the aforesaid FIR, a case was registered.
Thereafter, the charge sheet was submitted against the
accused/petitioner under Section 406 of IPC. Accordingly, trial
commenced wherein 4 Nos. of Prosecution Witnesses were examined
and the accused/petitioner was examined under Section 313 of the
Cr.P.C. Upon closing of the evidence, the Trial Court convicted the
accused/petitioner under Section 406 and sentenced them to undergo
Simple Imprisonment for 1 year and to pay a fine of Rs. 20,000/-, in
default of payment of fine, to undergo simple imprisonment for a term of
another 2 months each vide Judgment & Order dated 22.05.2024.
5. Against the aforesaid Judgment of the Trial Court, an appeal was
filed wherein the Appellate Court was pleased to dismiss the said appeal
and affirmed the conviction and sentence passed by the learned Trial
Court. Accordingly, the accompanying Criminal Revision Petition has been
Page No.# 4/5
filed.
6. In view of the fact that the Appellate Court while dismissing the
appeal directed the appellant to surrender before the Trial Court within
30 days from the date of the Appellate Court's judgment, the applicant
has filed the accompanying Criminal Revision Petition within the period of
30 days along with the present Interlocutory Application seeking
suspension of the aforesaid conviction and sentence and for allowing the
applicant to remain on the previous bail.
7. Mr. B.K. Mahajan, learned counsel for the applicant submits that the
accused/petitioners were on bail during the trial.
8. I have heard the learned counsels for the parties and have also
perused the materials available on record.
9. It appears that the grounds urged in the Criminal Revision Petition
are substantial grounds. No exceptional case had been made out by the
prosecution to refuse the prayer of allowing the applicant to remain on
previous bail and to suspend the operation of the impugned conviction
and sentence.
10. Accordingly, the Interlocutory Application is allowed.
11. It is provided that the operation of the Judgment & Order dated
Page No.# 5/5
22.05.2024 passed by the learned Chief Judicial Magistrate, Majuli in
C.R. Case No. 26/2022 and Judgment and Order dated 11.06.2025
passed by the learned Sessions Judge, Majuli at Garamur in Criminal
Appeal No. 5/2024 shall remain suspended until further orders.
12. In view of the above, the accused/petitioner i.e. Sri Jiten Borah,
shall remain on previous bail pending adjudication of the accompanying
Criminal Revision Petition.
Disposed off.
JUDGE
Comparing Assistant
