Gauhati High Court
Page No.# 1/5 vs The State Of Assam on 27 June, 2025
Page No.# 1/5
GAHC010144142025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/699/2025
JITEN BORAH
S/O SRI GOBIN BORAH
RESIDENT OF VILLAGE PULUNGANI
PS JENGRAIMUKH
DIST MAJULI
ASSAM
2: NABAJIT BORAH
S/O SRI GOBIN BORAH
RESIDENT OF VILLAGE PULUNGANI
PS JENGRAIMUKH
DIST MAJULI
ASSAM
3: SRI BISWAJIT BORAH
S/O SRI KAMAL BORAH
RESIDENT OF VILLAGE MUDOIBIL
NABARATANPUR
PS JENGRAIMUKH
DIST MAJULI
ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP
ASSAM
2:SRI MOHENDRA BORAUH
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S/O LABURAM BORUAH
RESIDENT OF POTIORI GAON
PO SAMAGURI SATRA
PS MAJULI
DIST MAJULI
ASSAM
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Advocate for : MR. B K MAHAJAN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
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 on 19/1/2022 the informant,
namely, Mohendra Boruah lodged an Ejahar before the Officer-in-Charge
of Jengraimukh Police Station alleging inter-alia that on 7/5/2019 his
daughter, namely, Sangita Boruah had eloped with accused Jiten Borah
and thereafter she lived together as husband and wife in Guwahati with
Jiten Borah. After one year, they came back to the parental house of
Jiten Borah at Pulungani, Majuli. After their marriage, her husband Jiten
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Borah, his elder brother Nabajit Borah and Biswajit Borah assaulted the
victim physically and committed cruelty upon her mentally on trivial
grounds. On many occasions, they assaulted her by demanding dowry in
the form of money. The victim girl informed the informant about the
above incident. The informant refrained from taking help of the law in
the OTAR Land drove her out from the matrimonial house. The family of
interest of protecting her married life. On 16/1/2022, the accused
persons assaulted the victim physically and mentally She was subjected
to acute physical and mental agony.
4. Upon receiving the aforesaid FIR, a case was registered. Thereafter
the charge sheet was submitted against the accused/petitioners under
Section 498(A) of IPC. Accordingly, trial commenced wherein 11 Nos. of
Prosecution Witnesses including the Investigating Officer and Medical
Officer were examined and the accused/peititioners was examined under
Section 313 of the Cr.P.C. Upon closing of the evidence, the Trial Court
convicted the accused/petitioners under Section 498 (A) and sentenced
them to undergo Simple Imprisonment for 1 year and to pay a fine of Rs.
25,000/-, in default of payment, to undergo simple imprisonment for a
term of another 6 months each vide Judgment & Order dated
22.05.2024.
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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
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 applicants
have 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 and has not taken
any undue advantage of the liberty granted by the Investigating Officer
under Section 41 A of Cr.P.C.
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
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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
22.05.2024 passed by the learned Chief Judicial Magistrate, Majuli in
P.R.C. No. 20/2022 (G.R. Case No. 17/2022) arising out of Jengraimukh
P.S. Case No. 09/2022 and Judgment and Order dated 11.06.2025
passed by the learned Sessions Judge, Majuli in Criminal Appeal No.
4/2024 shall remain suspended until further orders.
12. In view of the above, the accused/petitioners i.e. Sri Jiten Borah,
Sri Nabajit Borah and Sri Biswajit Borah shall remain on previous bail
pending adjudication of the accompanying Criminal Revision Petition.
Disposed off.
JUDGE
Comparing Assistant
