Suad Ahmed Kazi vs The State Of Assam And Anr
2025 Latest Caselaw 926 Gua

Gauhati High Court

Suad Ahmed Kazi vs The State Of Assam And Anr on 6 June, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010069232025




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

                         Case No. : I.A.(Crl.)/589/2025

         SUAD AHMED KAZI
         S/O MAKADDAS ALI KAZI
         R/O VILL. GOSSAIPUR PART-IV
         P.O. UDHARBOND
         P.S. UDHARBOND
         DIST. CACHAR
         ASSAM
         PIN 788030

          VERSUS

         THE STATE OF ASSAM AND ANR
         REPRESENTED BY PP
         ASSAM.

         2:ANOWARA BEGUM LASKAR @ ANORA BEGUM LASKAR
         W/O FOZIL UDDIN LASKAR
          R/O GOSSAIPUR PART-3
          UDHARBOND
          CACHAR
         ASSAM.
          ------------
         Advocate for : MR. S BANIK
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

Date : 06.06.2025 [M. Choudhury, J]

Heard the learned Legal Aid Counsel for the applicant-appellant and Ms. S.H. Bora, learned Additional Public Prosecutor for the opposite party- respondent 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 applicant-appellant and for his release on bail.

3. The applicant as appellant has preferred the accompanying criminal appeal against a Judgment dated 29.01.2025 and an Order of Sentence dated 30.01.2025 passed by the Court of learned Special Judge [POCSO], Cachar, Silchar in Special [POCSO] Case no. 41 of 2023, arising out of Udharbond Police Station Case no. 169/2022. By the Judgment dated 29.01.2025 and an Order of Sentence dated 30.01.2025, the applicant-appellant has been convicted for the offence under Section 366, Indian Penal Code [IPC] and also under Section 376 D, IPC as well as under Section 6, POCSO Act. For the offence under Section 366, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/-, with default stipulation. For the offence under Section 6, POCSO Act, the applicant-appellant has been sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 10,000/-, with default stipulation. No sentence has been awarded under Section 376D, IPC, in view of Section 42, POCSO Act. The sentences are ordered to run concurrently.

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

5. As Ms. Bora, learned 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 applicant-appellant shall take steps for service of notice upon the opposite party no. 2 in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024.

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




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