Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 762 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 2 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                 Page No.# 1/3

GAHC010113982025




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

                         Case No. : I.A.(Crl.)/564/2025

         LOMBIT MORAN AND ANR.
         S/O. LT. DONDESWAR MORAN
         PERMANENT RESIDENT OF- VILL.- CHOTOHAPJAN TEA ESTATE
         P/O. AND P/S. MAKUM
         DIST. TINSUKIA
         ASSAM PRESENTLY RESIDING AT- 4 MILE
         NEAR LOTHA CHURCH
         P/S. DIPHU PAR
         DIST. CHUMUKEDIMA
         NAGALAND
         PIN-797115.

         2: ISAAC LOLI @ ISAAC
         S/O. LT. LOLI
         PERMANENT RESIDENT OF
         VILL.- MAKHEL (4 KM AWAY FROM TADUBI PS)
          P/S. TADUBI
          DIST. SENAPATI
          MANIPUR
          PIN-795104.
         PRESENTLY RESIDING AT 4 MILE NEAR LOTH CHURCH
          P/S. DIPHU PAR
          DIST. CHUMULEDIMA
          NAGALAND
          PIN-797115.
         VERSUS

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

         2:SI (P) SANTANA BORUAH
         PS/ BOKAJAN
         AGE 32
          S/O. SRI KIRON BARUAH
                                                                           Page No.# 2/3

            DIST. KARBI ANGLONG
            ASSAM
            PIN-782480.
            ------------
            Advocate for : MR. N K MURRY
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



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

                                     ORDER

Date : 02.06.2025 [M. Choudhury, J]

Heard Mr. N.K. Murry, learned counsel for the applicant-appellant and Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the opposite party 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 24.03.2025 and an Order of Sentence dated 29.03.2025 passed by the Court of learned Additional Sessions Judge [FTC], in NDPS Case no. 43 of 2023. By the Judgment dated 24.03.2025 and an Order of Sentence dated 29.03.2025, the applicants-appellants have been sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,00,000/- each, in default of payment of fine, to undergo simple imprisonment for another 6 months.

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

Page No.# 3/3

5. As Ms. Bhuyan, learned Senior Counsel and 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 appellant 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




Comparing Assistant