S/O Giyasuddin Ali vs The State Of Assam And Anr
2025 Latest Caselaw 4008 Gua

Gauhati High Court

S/O Giyasuddin Ali vs The State Of Assam And Anr on 11 March, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

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GAHC010081932021




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

                          Case No. : I.A.(Crl.)/507/2024


         SAHARUDDIN ALI

         S/O GIYASUDDIN ALI
         R/O VILL. BIHAPARA
         P.S. TAMULPUR
         DIST. BAKSA
         B.T.A.D.
         ASSAM
         PIN 781367


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY THE PP
         ASSSAM.

         2:MIA HUSSAIN

         S/O LATE ABDUL RAHIM
         R/O VILL. BIHAPAR
         P.S. TAMULPUR
         DIST. BAKSA
         ASSAM
         PIN 781367

         3:HANIF ALI
         S/O LATE ABDUL RAHIM
         R/O VILL.-BIHAPAR
         P.S.-TAMULPUR
         DIST.-BAKSA
         ASSAM
         PIN-781365.
         ------------
                                                                            Page No.# 2/3

           Advocate for : MR. R M CHOUDHURY
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR.




                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                       ORDER

Date : 11.03.2025

1. Heard Mr. J. Kalita, learned counsel for the applicant. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam.

2. This is an application filed under Section 389 of the Code f Criminal Procedure praying for suspension of sentence.

3. The applicant MD. Saharuddin Ali was convicted and sentenced to undergo regular imprisonment of 5 years by the learned Assistant Sessions Judge, Nalbari in Sessions Case No.04/2010. He filed an appeal before the learned Sessions Judge, Baksa and his Criminal appeal was dismissed.

4. The petitioner has already spent more than 1 year 4 months in Judicial Custody and his appeal is yet to be heard.

5. I have gone through the impugned Judgment and I have also considered the submissions made by learned counsel for both the sides.

6. It is hereby directed that the sentence imposed upon the applicant MD. Saharuddin Ali by the Assistant Sessions Judge, Nalbari in Sessions Case No.04/2010, which was upheld by the learned Sessions Judge, Baksa in Criminal Appeal No.01/2018 shall be suspended till the disposal of the connected Appeal.

7. The applicant MD. Saharuddin Ali is allowed to go on bail of Rs.25,000/- with a Page No.# 3/3

surety of like amount to the satisfaction of the learned Sessions Judge, Baksa.

8. With the aforesaid direction, I.A. stands disposed of.

JUDGE

Comparing Assistant