Shri Hiteswar Saikia vs The State Of Assam And Anr
2025 Latest Caselaw 8251 Gua

Gauhati High Court

Shri Hiteswar Saikia vs The State Of Assam And Anr on 1 November, 2025

                                                                      Page No.# 1/3

GAHC010242332025




                                                               undefined

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

                              Case No. : Crl.Rev.P./452/2025

           SHRI HITESWAR SAIKIA
           SON OF LATE JUGEN SAIKIA
           R/O CHARING TEPOR GAON, P.O. SATHISAMUKA UNDER GAURISAGAR
           POLICE STATION, IN THE DISTRICT OF SIVASAGAR, ASSAM- 785661.



           VERSUS

           THE STATE OF ASSAM AND ANR
           REPRESENTED BY THE PP, ASSAM

           2:SRI PUNA GOGOI @ HIMANTA GOGOI
            SON OF LATE AMIL GOGOI
           R/O NAMTI BONGALI GAON
            P.O. SATHISAMUKA
           UNDER HALUWATING POLICE STATION
            IN THE DISTRICT OF SIVASAGAR
           ASSAM
            PIN-78568

Advocate for the Petitioner : MR. SHEELADITYA, MS. L WANGSA,U BHARADWAJ,MR A
ATREYA,MRS. R S DEURI,MR. T DEURI

Advocate for the Respondent : PP, ASSAM,
                                                                         Page No.# 2/3


                               BEFORE
                 HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                    ORDER

Date : 01.11.2025

1. Heard Mr. A Atreya, learned counsel for the petitioner. Also heard Mr. K.K. Parashar, learned Additional Public Prosecutor for the State of Assam.

2. By this application under Section 442 R/W Section 438 of the BNSS, 2023 the petitioner has challenged the judgment & order dated 04.10.2025 passed by the Ld. Additional Sessions Judge (FTC), Sivasagar in Criminal Appeal No. 20(2)/2025 arising out of PRC 1185/2022 (pertaining to Halwating P.S Case No. 12/2022) under Section 325 of the IPC by which the conviction and sentence passed by the Ld. Sub-Divisional Judicial Magistrate, Sivasagar was confirmed with a modification with regard to the sentence imposed upon the petitioner.

3. Call for the T.C.R.

4. Issue notice.

5. Petitioner to take steps for service of notice upon respondent No. 2 by registered post with A/D as well as by usual process.

6. Further, under Section 430 of the BNSS, 2023, it is provided that when the sentence is of less than 3(three) years, the petitioner may be released on previous bail when the petitioner places that he would like to file an appeal before the Appellate Court.

Page No.# 3/3

7. In the instant case, it is seen that the petitioner has been sentenced to undergo rigorous imprisonment for 6(six) months with fine and default stipulation. As such, for the ends of justice, the sentence imposed upon the petitioner be suspended and the petitioner may be released on bail on furnishing a bail bond of Rs. 30,000/- with 1(one) local surety of the like amount to the satisfaction of the Ld. Trial Court.

8. List this matter after 3(three) weeks.

JUDGE

Comparing Assistant