Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 914 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 6 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                 Page No.# 1/3

GAHC010115322025




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

                         Case No. : I.A.(Crl.)/588/2025


         SAHABUDDIN ALOM AND 2 ORS
         S/O MD. ISAMUL
         R/O VILL. BISANPUR
         WARD NO. 4
         P.O. DEVPURA
         P.S. NAWKOTHI
         DIST. BEGUSARAI
         STATE BIHAR
         PIN 848201

         2: SIKANDER KUMAR
         S/O GANGA RAM
          R/O VILL. BISANPUR
         WARD NO. 3
          P.O. DEVPUR
          P.S. NAWKOTHI
          DIST. BEGUSARAI
          STATE- BIHAR
          PIN 848201

          3: SANTOSH KUMAR

         S/O RAMJI RAM
         R/O VILL. BISANPUR
         WARD NO. 3
         P.O. DEVPURA
         P.S. NAWKOTHI
         DIST. BEGUSARAI
         STATE BIHAR
         PIN 848201
         VERSUS

         THE STATE OF ASSAM
                                                                       Page No.# 2/3

            REPRESENTED BY THE PP ASSAM


            ------------
            Advocate for : MR P K DAS
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM



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

                                     ORDER

Date : 06.06.2025 [M. Choudhury, J]

Heard Mr. P.K. Das, learned Counsel for the applicants-appellants and Ms. S.H. Bora, learned Additional Public Prosecutor for the opposite party, 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 applicant-appellants and for their release on bail.

3. The applicants as appellants have preferred the accompanying criminal appeal against a Judgment and Order dated 30.04.2025 passed by the Court of learned Sessions Judge, Kokrajhar in Sessions Case no. T1/06/2019. By the Judgment and Order dated 30.04.2025, the applicants-appellants have been convicted for the offence under Section 302, Indian Penal Code [IPC] read with Section 34, IPC and they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each, in default of payment of fine, to undergo rigorous imprisonment for 6 months.

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

Page No.# 3/3

5. As Ms. Bora, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party, issuance of formal notice to the opposite party is dispensed with.

6. The learned Additional Public Prosecutor shall make endeavour to file objection to the instant application on behalf of the State on or before the returnable date.

7. List the case after 4 [four] weeks.

                                      JUDGE                JUDGE




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