Abdul Kayum Barbhuiya vs The State Of Assam And Anr
2025 Latest Caselaw 8493 Gua

Gauhati High Court

Abdul Kayum Barbhuiya vs The State Of Assam And Anr on 12 November, 2025

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GAHC010157012022




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

                           Case No. : Crl.A./185/2022



         ABDUL KAYUM BARBHUIYA
         S/O- SAHAB UDDIN BARBHUIYA
         VILL.- RAJNAGAR
         NISCHINTAPUR
         P.O. NISCHINTAPUR
         P.S. SILCHAR SADAR
         DIST. CACHAR
         ASSAM


          VERSUS

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

         2:FARUK AHMED MAZUMDER
         S/O- LATE MOULANA MOIN UDDIN MAZUMDER
         VILL.- BORJURAI
          P.O. BOALIPAR BAZAR
          P.S. AND DIST. HAILAKANDI
         ASSAM
          PIN- 788155.
          ------------
         Advocate for : MR. A M BARBHUIYA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                  BEFORE
                HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

                                        ORDER

Date : 12.11.2025

1. Heard Mr. A.M Barbhuiya, learned counsel for the petitioners. Also heard Ms. N Das, learned Additional Public Prosecutor for the State of Assam and Mr. K.A Mazumder, learned counsel appearing for the informant.

1. It is submitted that the only relief sought for by the appellant, at this stage, is that the period of detention undergone by the appellant prior to the passing of the impugned judgment and sentence should be set off as no such order is available in the impugned judgment.

2. On the other hand, learned counsel appearing for the informant submits that the place of safety where the appellant had stayed prior to the passing of the judgment is not the same as the observation home/correction home where he has been placed after the passing of the judgment. However, at this stage, no such distinction could be pointed out by the learned counsel appearing for the informant who prays for some more time to apprise the court in this regard.

3. Accordingly, list the matter again on 18.11.2025.

4. Ms. N Das, learned Additional Public Prosecutor for the State of Assam shall also obtain instructions in this regard and place it before the Court on the next date.

JUDGE

Comparing Assistant