Gauhati High Court

Abul Hussain Bhuyan vs The State Of Assam And Anr on 2 June, 2025

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GAHC010110622025




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

                          Case No. : I.A.(Crl.)/558/2025



         ABUL HUSSAIN BHUYAN
         S/O KUSUMUDDIN BHUYAN R/O KATAHBARI
         SULTAN ALI PATH P.S. GORCHUK
         GUWAHATI-35 DIST. KAMRUP (M)
         ASSAM


          VERSUS

         THE STATE OF ASSAM AND ANR
         REPRESENTED BY THE PP
         ASSAM

         2:MD. SAHIDUR RAHMAN
         S/O MD. ATOWAR RAHMAN
         R/O KATAHBARI SULTAN ALI PATH

         P.S. GORCHUK
          GUWAHATI
         DIST. KAMRUP (M)
         ASSAM
          ------------
         Advocate for : MR. A T SARKAR
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
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                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                    ORDER

Date : 02.06.2025

Heard learned counsel Mr. A.T. Sarkar for the applicant Abul Hussain Bhuyan, who has filed this application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for suspension of the execution of sentences on conviction passed vide judgment and order dated 29.04.2025 by the learned Sessions Judge, Kamrup (M), Guwahati in connection with Criminal Appeal No. 66/2023, upholding and modifying the judgment and order dated 31.08.2023 passed by the learned Judicial Magistrate First Class, Kamrup (M), Guwahati in G.R. Case No. 13171/2012 whereby the sentence of 3 (Three) years rigorous imprisonment for conviction under Section 325 IPC is reduced to 2 (Two) years of imprisonment and a fine of Rs.7000/- (Rupees Seven Thousand) is reduced to Rs.500/- (Rupees Five Hundred) with default stipulation.

2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent No. 1.

3. I have considered the submissions at the bar.

4. It is submitted on behalf of the applicant that he has a good case of acquittal.

5. Considering the submissions, the petitioner is enlarged on bail of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to Page No.# 3/3

the satisfaction of learned Trial Court.

6. The operation of sentences passed vide judgment and order dated 29.04.2025 by the learned Sessions Judge, Kamrup (M), Guwahati in connection with Criminal Appeal No. 66/2023, upholding and modifying the judgment and order dated 31.08.2023 passed by the learned Judicial Magistrate First Class, Kamrup (M), Guwahati in G.R. Case No. 13171/2012 whereby the sentence of 3 (Three) years rigorous imprisonment for conviction under Section 325 IPC is reduced to 2 (Two) years of imprisonment and a fine of Rs.7000/- (Rupees Seven Thousand) is reduced to Rs.500/- (Rupees Five Hundred) with default stipulation, is stayed until further orders.

7. In terms of the above observation, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant