Biju Doley vs The State Of Assam
2025 Latest Caselaw 525 Gua

Gauhati High Court

Biju Doley vs The State Of Assam on 14 May, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                           Page No.# 1/5

GAHC010017082025




                                                                    undefined

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

                                    Case No. : Crl.A./23/2025

            BIJU DOLEY
            S/O SRI CHAKBAL DOLEY, RESIDENT OF DAKHIN GORMARA PS
            SILAPATHAR, DIST DHEMAJI, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP ASSAM

            2:KULADHAR MILI
             S/O LATE TATUN MILI
             RESIDENT OF TINIGHARIA GAON
             PS SILAPATHAR
             DIST DHEMAJI
            ASSAM 78705

Advocate for the Petitioner   : MR K PUJARI, MS A ROY,MR. S SAHU,S SHAHI

Advocate for the Respondent : PP, ASSAM,




             Linked Case : I.A.(Crl.)/2/2025

            MOHAN KULI @ DAKTOR AND 2 ORS
            S/O- RAM DURGA KULI
            R/O- DAKHIN GORMORA
            P.S- SILAPATHAR
            DIST- DHEMAJI
            ASSAM
                                                  Page No.# 2/5


2: GOBIN KULI
S/O- LATE BUMTAL KULI
 R/O- DAKHIN GORMORA
 P.S- SILAPATHAR
 DIST- DHEMAJI
ASSAM

3: BHAGIRATH KULI
S/O- RAM DURGA KULI
R/O- DAKHIN GORMORA
P.S- SILAPATHAR
DIST- DHEMAJI
ASSAM
VERSUS

THE STATE OF ASSAM AND ANR
REP. BY THE PP ASSAM

2:KULADHAR MILI
S/O- LATE TATUN MILI
 R/O- TINIGHARIA GAON
 P.S- SILAPATHAR
 DIST- DHEMAJI
ASSAM
 ------------
Advocate for : MR R DHAR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR



Linked Case : I.A.(Crl.)/75/2025

BIJU DOLEY
S/O SRI CHAKBAL DOLEY
RESIDENT OF DAKHIN GORMARA PS SILAPATHAR
DIST DHEMAJI
ASSAM


VERSUS

THE STATE OF ASSAM AND ANR
REPRESENTED BY PP ASSAM

2:KULADHAR MILI
S/O LATE TATUN MILI
                                                  Page No.# 3/5

RESIDENT OF TINIGHARIA GAON
PS SILAPATHAR
DIST DHEMAJI
ASSAM 787059
------------
Advocate for : MR KAUSHIK PUJARI
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR



Linked Case : Crl.A./2/2025

MOHAN KULI @ DAKTOR AND 2 ORS
S/O- RAM DURGA KULI

R/O- DAKHIN GORMORA
P.S- SILAPATHAR
DIST- DHEMAJI
ASSAM

2: GOBIN KULI
S/O- LATE BUMTAL KULI

R/O- DAKHIN GORMORA
P.S- SILAPATHAR
DIST- DHEMAJI
ASSAM

3: BHAGIRATH KULI
S/O- RAM DURGA KULI

R/O- DAKHIN GORMORA
P.S- SILAPATHAR
DIST- DHEMAJI
ASSAM
VERSUS

THE STATE OF ASSAM AND ANR
REP. BY THE PP ASSAM

2:KULADHAR MILI
S/O- LATE TATUN MILI

R/O- TINIGHARIA GAON
P.S- SILAPATHAR
DIST- DHEMAJI
ASSAM
                                                                                       Page No.# 4/5

               ------------
               Advocate for : MR R DHAR
               Advocate for : PP
               ASSAM appearing for THE STATE OF ASSAM AND ANR



                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                             ORDER

14.05.2025

This is a common order for both the interlocutory applications. Heard Mr. T. J. Mahanta, learned senior counsel appearing for the applicants, assisted by Mr. S. Sahu, Advocate. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam.

These applications have been filed under Section 430 of the BNSS, 2023 by the petitioners, namely, (1) Sri Biju Doley; (2) Sri Mohan Kuli @ Daktor; (3) Sri Gobin Kuli; and (4) Sri Bhagirath Kuli, who have prayed for suspension of sentence imposed upon them by the learned Sessions Judge, Dhemaji in Sessions Case No. 99/2014.

I have gone through the impugned judgment.

The allegations against the applicants are that they had committed an offence by using sharp weapon causing cut injuries to the victims. The Doctor reported that the assailants used blunt object for causing cut injuries. Neither blunt/sharp weapons nor any cloths were seized by the Investigating Officer in this case.

Mr. Sarma, the learned Additional Public Prosecutor has objected the prayer for suspension of sentence.

I have considered the submissions made by the learned counsel for both the sides. Considering entire aspect of the matter, this court is of the opinion that the prayers made by the applicants deserve to be accepted. Therefore, the sentence imposed upon the applicants, as mentioned above, shall remain stayed till disposal of the connected appeals.

Accordingly, the applicants, (1) Sri Biju Doley; (2) Sri Mohan Kuli @ Daktor; (3) Sri Gobin Kuli; and (4) Sri Bhagirath Kuli, who are in jail in connection with the judgement and order passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 99/2014 are allowed to go on bail of Rs.25,000/- each with one surety of like amount to the satisfaction of the learned Sessions Page No.# 5/5

Judge, Dhemaji.

With the above, the interlocutory applications are disposed of. Further, it is stated at the bar that the name of Mr. K. Pujari has been unnecessarily mentioned in the cause list as the counsel for the appellant in the connected appeal although he is not associated with this case. Therefore, Registry is directed to delete the name of Mr. K. Pujari as the counsel representing the appellant from the cause list.

JUDGE

Comparing Assistant