Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 4504 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 26 March, 2025

Author: S. K. Medhi

Bench: Sanjay Kumar Medhi

                                                           Page No.# 1/3

GAHC010055612025




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




          Linked Case : I.A.(Crl.)/279/2025
                         In Crl. A./97/2025

         ABIJUL ALI @ ABHIJUL ALI AND 2 OTHERS
         S/O. LT. HARUN ALI.

         2: MUSTAK AHEMAD @ MOSTAK AHMED
         S/O. LT. SAYED ALI

         3: SADDAM HUSSAIN
         S/O. ANOWAR HUSSAIN
         ALL ARE R/O. VILL.- NO. 1 NAHARBARI
         P/O. AND P/S. MAZBAT
         DIST. UDALGURI
         BTR
         ASSAM
         PIN-784507.
         VERSUS

         THE STATE OF ASSAM
         REP. BY THE PP
         ASSAM

         2:SONTOSH LOKANDRI
         S/O. LT. RUDRABIR LOKANDRI
         VILL.- DHANSHIRI TEA ESTATE
          P/S. MAZBAT
          DIST. UDALGURI
          BTR
         ASSAM
          PIN-784507.
          ------------
         Advocate for : MD. A HUSSAIN
                                                                       Page No.# 2/3

            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM



                                    BEFORE
                   HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                     HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                     ORDER

26-03-2025 (S. K. Medhi, J) Heard Md. A. Hussain, learned Counsel for the applicants, who has filed this application under Section 430 of the BNSS, 2023 praying for suspension of sentence pending appeal and release the appellants on bail against the impugned judgment of conviction dated 17.01.2025 and impugned order of sentence dated 20.01.2025 passed in Special (POCSO) Case No. 159/2024 by the learned Special Judge, Udalguri convicting and sentencing the appellants to suffer RI for 5 years and fine of Rs.20,000/- each for the offence u/s 365 IPC and in default the applicants shall suffer SI for 2 (two) months in addition. The applicants shall suffer RI for 6 months u/s 323 IPC and for 1 year u/s 506 IPC and also sentencing them to suffer RI for life and fine of Rs.20,000/- each u/s 6 of POCSO Act, 2012 and in default they have to suffer SI for 2 months in addition.

The connected appeal, namely, Crl. A/97/2025 has been admitted today. Issue notice, returnable by 6 (six) weeks.

Ms. R. Das, learned counsel assisting Ms. B. Bhuyan, learned Senior Counsel as well as Addl. PP, Assam accepts notice on behalf of State respondent.

Let steps for service of notice upon the respondent no. 2 be taken by the Registry which is to be routed through the office of the learned PP, Assam within 2 (two) working days from today.

Page No.# 3/3

Objection, if any, may be filed in the meantime. List on 07.05.2025 along with the service report as well as report on receipt of records.

                                 JUDGE                 JUDGE



Comparing Assistant