Citation : 2025 Latest Caselaw 3721 Gua
Judgement Date : 4 March, 2025
Page No.# 1/2
GAHC010268372024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Crl.)/1267/2024
RAHIM UDDIN MAZUMDER
S/O. FAKRUL ISLAM MAZUMDER @ FAKHAR UDDIN MAZUMDER
VLL.- SAISHYOGENA
P/S. LALA
DIST. HAILAKANDI
ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP
ASSAM
------------
Advocate for : MR. A M BARBHUIYA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
Case No. : Crl.A./438/2024
RAHIM UDDIN MAZUMDER
S/O. FAKRUL ISLAM MAZUMDER @ FAKHAR UDDIN MAZUMDER, VLL.-
SAISHYOGENA, P/S. LALA, DIST. HAILAKANDI, ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM.
Page No.# 2/2
Advocate for the Petitioner : MR. A M BARBHUIYA, MR. A K AZAD,G UDDIN,H
YEASMIN,MR. P P BARUAH,MR H I CHOUDHURY,MS S R MAZARBHUIYA,S. M. ZINNA,MS
A BEGUM
Advocate for the Respondent : PP, ASSAM, MR. A K AZAD
Linked Case :
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 04.03.2025
Heard the learned counsel Mr. PK Roy Choudhury appearing for the applicant as well as Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam.
2. This is an application u/s 430 of the BNSS, 2023 praying for suspension of sentence andfor releasing the applicant on bail.
3. The applicant was convicted on 21.11.2024by the learned Sessions Judge, Hailakandi in Sessions Case No. 104/2022. He was convicted under Sections 376/448 of the Indian Penal Code.
4. I have considered the submissions made by the learned counsel of both sides. I have also gone through the impugned judgment.
5. It is hereby directed that the sentence dated 26.11.2024 imposed by the learned Sessions Judge Hailakandi in Sessions Case No. 104/2022 shall remain stayed till disposal of the connected appeal.
6. It is also hereby directed that the petitioner Rahim Uddin Mazumder shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge,Hailakandi.
With the aforesaid direction, the interlocutory application stands disposed of.
JUDGE
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