Joynal Haque Choudhury vs The State Of Assam
2025 Latest Caselaw 8567 Gua

Gauhati High Court

Joynal Haque Choudhury vs The State Of Assam on 14 November, 2025

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GAHC010109792025




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

                                Case No. : I.A.(Crl.)/1192/2025

            JOYNAL HAQUE CHOUDHURY
            S/O- LATE AKIB ALI CHOUDHURY, VILL.- UTTAR NARAINPUR, PART-I, P.S.
            ALGAPUR, DIST.- HAILAKANDI.



            VERSUS

            THE STATE OF ASSAM
            REP BY PP ASSAM

            2:JAHIRUL ISLAM CHOUDHURY
             S/O- LATE AZIZUR RAHMAN CHOUDHURY
            VILL.- UTTAR NARAINPUR
             PART-I
             P.S. ALGAPUR
             DIST.- HAILAKANDI
            ASSAM
             PIN- 788801

Advocate for the Petitioner   : MR. N S LASKAR, MR. A H M R CHOUDHURY,MR. B
CHOUDHURY

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

                                           ORDER

Date : 14.11.2025 Heard Mr. N.S. Laskar, learned counsel for the petitioner and also heard Mr. Page No.# 2/3

D.P. Goswami, learned Addl. P.P for the State.

2. In this application, under Section 430 of the BNSS, the applicant has prayed for suspension of sentence and to enlarge him on bail.

3. This statutory appeal is against the judgment and order dated 19.12.2023, passed by the learned Additional Sessions Judge (FTC), Karbi Anglong, Diphu in NDPS Case No. 48 of 2023, whereby the accused appellant was convicted under Section 21(b) of the NDPS Act, 1985 and sentenced to undergo rigorous imprisonment for 10 (ten) years with fine of Rs.50,000/- with default stipulation.

4. It appears that the petitioner has undergone rigorous imprisonment for 5 years 8 months i.e. more than half of the sentences. It is also submitted that at best, the case would come under the second part of Section 304 of IPC, entailing much lesser sentence.

5. Keeping in view that principles laid down by the Hon'ble Supreme Court in the case of Bhagwam Rama Shinde Gosai and Ors Vs. State of Gujarat reported in (1999) 4 SCC 421 and Kiran Kumar Vs. State of M.P., reported in (2001) 9 SCC 211 in the opinion of this Court, it is a fit case to suspend the reminder of the sentence. It is accordingly so ordered. It is further directed that the petitioner shall be released on bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned trial Court.

6. It is provided that in the event of the instant appeal being dismissed the petitioner shall surrender before the learned trial Court to serve out the remaining part of the sentence.

7. Accordingly the I.A. stands disposed of.

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8. List the appeal for hearing in its usual course.

JUDGE

Comparing Assistant