Sanowar Hussain vs The State Of Assam And Anr
2025 Latest Caselaw 8434 Gua

Gauhati High Court

Sanowar Hussain vs The State Of Assam And Anr on 10 November, 2025

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GAHC010203572025




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

                            Case No. : I.A.(Crl.)/1043/2025

           SANOWAR HUSSAIN
           S/O MOKHED ALI R/O VILLAGE - RAKHYASINI PART- I
           P.O. RAKHYASNI
            P.S - MORNOI
            DISTRICT - GOALPARA
           ASSAM - 783101.

           VERSUS

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

           2:MANNAF ALI
           S/O HAZI ABDUL GAFFAR
            R/O VILLAGE - DOLGOMA
            COLLEGEPARA P.S - MATIA
            DISTRICT - GOALPARA
           ASSAM.
            ------------
           Advocate for : MR D KALITA
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR


                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

Date : 10.11.2025

1. Heard Mr. B. D. Das, learned senior counsel assisted by Mr. D. Kalita, learned counsel for the applicant.

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2. This appeal under Section 430 of BNSS has been filed by the applicant praying for suspension of sentence imposed on him by the Judgment and Order dated 18.07.2025 and 25.07.2025 respectively passed by the Court of learned Sessions Judge, Goalpara in Sessions Case No. 112/2016. The applicant has impugned the aforesaid judgment by preferring the connected Criminal Appeal No. 364/2025.

3. The learned senior counsel for the applicant has submitted that the conviction of the applicant in the aforesaid case has been erroneously made by the Trial Court solely on the basis of his statement recorded under Section 313 of Cr.P.C. He further submits that the petitioner is detained behind the bars for last two years and there is every possibility of getting a favourable order in the connected criminal appeal and, therefore, he submits that the execution of sentence imposed on the applicant may be stayed till the pendency of the connected criminal appeal.

4. On the other hand, learned Additional Public Prosecutor has submitted that due to inadvertence, the copy of the interlocutory application got misplaced, therefore, he needs some time to go through the same.

5. The learned senior counsel for the applicant undertakes to provide a copy of the application.

6. Issue notice to the opposite party No. 2.

7. The petitioner shall take steps for issuance of notice upon the opposite party by speed post within seven days from the date of this order, returnable on

16th of December, 2025.

8. List accordingly.

JUDGE Comparing Assistant