Gauhati High Court

Asad Ali vs The State Of Assam And 2 Ors on 5 May, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                          Page No.# 1/3

GAHC010226432024




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

                             Case No. : I.A.(Crl.)/1076/2024

           ASAD ALI
           S/O. ABDUL MANNAN, R/O. GORAIMARI, P/S. BONGAIGAON, DIST.-
           BONGAIGAON, ASSAM.



           VERSUS

           THE STATE OF ASSAM AND 2 ORS
           REP. BY THE PP, ASSAM.

           2:FARJINA KHATUN
            D/O. HABIBUR RAHMAN GAZI
            R/O. GORAIMARI
            P/S. BONGAIGAON
            DIST.- BONGAIGAON
            PIN- 783390
           ASSAM.

           3:REJINA BEGUM
            D/O. NABIR HUSSAIN @ NABI HUSSAIN GAZI
            R/O. GORAIMARI
            P/S. BONGAIGAON
            DIST.- BONGAIGAON
            PIN- 783390
           ASSAM

Advocate for the Petitioner : MR. M I HUSSAIN, MR. A AHMED,MR. I U CHOWDHURY,MS. P
AHMED,MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM, MS. D SAIKIA, AMICUS CURIAE, R2, R3
                                                                           Page No.# 2/3



           Linked Case : Crl.A./378/2024

          ASAD ALI
          S/O. ABDUL MANNAN
          R/O. GORAIMARI
          P/S. BONGAIGAON
          DIST.- BONGAIGAON
          ASSAM.


           VERSUS

          THE STATE OF ASSAM AND 2 ORS
          REP. BY THE PP
          ASSAM.

          2:FARJINA KHATUN
          D/O. HABIBUR RAHMAN GAZI
           R/O. GORAIMARI
           P/S. BONGAIGAON
           DIST.- BONGAIGAON
           PIN- 783390
          ASSAM.

          3:REJINA BEGUM
          D/O. NABIR HUSSAIN @ NABI HUSSAIN GAZI
          R/O. GORAIMARI
          P/S. BONGAIGAON
          DIST.- BONGAIGAON
          PIN- 783390
          ASSAM.
          ------------
          Advocate for : MR. M I HUSSAIN
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND 2 ORS



                                 BEFORE
                HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

Date : 05.05.2025

Heard Mr. H R A Choudhury, the learned Senior Counsel assisted by Mr. M I Hussain Page No.# 3/3

appearing for the applicant. Also heard Ms. N Das, the learned Additional Public Prosecutor appearing for the State of Assam and Ms. D. Saikia, the learned Amicus Curiae representing the respondent No.2.

2. This application has been filed under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension of sentence imposed upon the applicant Asad Ali the learned Special Judge, Bongaigaon in Special (P) Case No. 22(BGN)/2020.

3. Ms N. Das has submitted that she has filed an objection.

4. I have gone through the same.

5. Ms. Saikia has submitted that there is no infirmity in the judgment and therefore, she prays for early hearing of the appeal.

6. I have considered the submissions made by the learned counsel of both sides. I have also gone through the evidence of respondent No. 2.

7. This Court is of the opinion that at this stage, the prayer of the applicant deserves to be accepted.

8. Therefore, it is hereby directed that the sentence imposed upon the applicant Asad Ali in Special (P) Case No. 22(BGN)/2020 passed by the learned Special Judge, Bongaigaon shall remain stayed till disposal of the appeal.

9. The applicant Asad Ali is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Bongaigaon.

With the aforesaid direction, the IA stands disposed of.

JUDGE

Comparing Assistant