Ujjal Ghosh vs The State Of Assam And Anr
2025 Latest Caselaw 4905 Gua

Gauhati High Court

Ujjal Ghosh vs The State Of Assam And Anr on 21 May, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                         Page No.# 1/3

GAHC010233762023




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

                                Case No. : I.A.(Crl.)/1197/2023

            UJJAL GHOSH
            S/O SRI SANATAN GHOSH, VILL.- BAJEGAON, P.S.- GOBARDHANA, DIST.-
            BAKSA, BTAD, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR.

            2:RASHMONI SARKAR
             D/O SRI NRIPEN SARKAR

            VILL.- BAJEGAON
            P.S.- GOBARDHANA
            DIST.- BAKSA
            BTAD
            ASSAM

Advocate for the Petitioner   : MR A DASGUPTA, MR S CHAKRABORTY

Advocate for the Respondent : PP, ASSAM,


             Linked Case : Crl.A./456/2023

            UJJAL GHOSH
            S/O SRI SANATAN GHOSH

            VILL.- BAJEGAON
            P.S.- GOBARDHANA
            DIST.- BAKSA
            BTAD
                                                                                 Page No.# 2/3

            ASSAM.


            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR.

            2:RASHMONI SARKAR
            D/O SRI NRIPEN SARKAR

            VILL.- BAJEGAON
            P.S.- GOBARDHANA
            DIST.- BAKSA
            BTAD
            ASSAM.
            ------------
            Advocate for : MR A DASGUPTA
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 21.05. 2025 Heard Mr. S. Chakraborty, learned counsel for the applicant and Ms. N. Das, learned Addl. Public Prosecutor, Assam, appearing for the State respondent.

This is an application under Section 389 Cr.P.C. praying for suspension of sentence passed by the learned Sessions Judge, Baksa vide judgment and order dated 08.08.2023 in Sessions Case No. 65/2019 arising out of Gobardhana P.S. Case No. 303/2015 under Sections 506/376 IPC.

The applicant Sri Ujjal Ghosh was convicted in Sessions Case No. 65/2019 arising out of Gobardhana P.S. Case No. 303/2015 under Sections 506/376 IPC. He was sentenced to undergo rigorous imprisonment for 7 years and 2 years for the offence under Sections 506/376 IPC.

I have considered the submissions of the learned counsel for the applicant.

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This court is of the view that the suspension is deserved to be stayed till the appeal is disposed of.

Therefore, the sentence imposed upon the applicant Sri Ujjal Ghosh by the learned Sessions Judge, Baksa shall remain stayed till disposal of the connected appeal.

The applicant shall be rereleased on bail of Rs. 25,-000/- with one surety of like amount to the satisfaction of the learned Sessions Judge, Baksa.

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

JUDGE

Comparing Assistant