Nitul Saikia vs The State Of Assam And Anr
2025 Latest Caselaw 8818 Gua

Gauhati High Court

Nitul Saikia vs The State Of Assam And Anr on 24 November, 2025

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GAHC010204522025




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

                          Case : I.A.(Crl.)/1219/2025
                        in Crl. Rev. Pet. No. 470/2025
          NITUL SAIKIA
          S/O LATE ADIRAM SAIKIA
           R/O VILL.- DOLOWJAN
           P.O.- FURKATING
           P.S.-GOLAGHAT SADAR
           DIST.- GOLAGHAT
          ASSAM.
          VERSUS
          THE STATE OF ASSAM AND ANR
          REP BY THE PP ASSAM
          2:SRI DILIP SAIKIA
          S/O LATE ADIRAM SAIKIA
           R/O VILL.- DOLOWJAN
           P.O.- FURKATING
           P.S.-GOLAGHAT SADAR
           DIST.- GOLAGHAT
          ASSAM.
           ------------
          Advocate for : MR. P H KONWAR
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR


                               BEFORE
             HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
                                ORDER

Date : 24.11. 2025 Heard Mr. P.H. Konwar, learned counsel for the applicant and Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam for the State respondent.

This interlocutory application under Section 430 read with Section 442 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed for suspension/ Page No.# 2/2

stay of the operation of the impugned sentence dated 28.03.2019, passed by the learned Chief Judicial Magistrate, Golaghat in G.R. Case No. 1123/2024 convicting and sentencing the applicant for 3 (three) years, besides other sentence of lesser extent, and also the judgment and order 20.11.2021, passed by the learned Addl. Sessions Judge, Golaghat in Criminal Appeal No. 17/2019 upholding and affirming the impugned order of sentence dated 28.03.2019 and also to release the applicant, on bail, who was in judicial custody since 15.12.2025.

It is settled law that in cases of sentences of fixed periods especially short sentences, are normally to be suspended unless there are exceptional reasons. Accordingly, the impugned sentence dated 28.03.2019, passed by the learned Chief Judicial Magistrate, Golaghat in G.R. Case No. 1123/2024 and as affirmed by the judgment and order dated 20.11.2021, passed by the learned Addl. Sessions Judge, Golaghat in Criminal Appeal No. 17/2019 is hereby suspended, till disposal of the main revision petition.

It is hereby directed that the applicant be released on bail on furnishing a bail bond of Rs. 10,000/- (Rupees ten thousand only) with a surety of like amount subject to the satisfaction of the learned trial court with a condition that in the event of disposal of the present revision, the applicant shall appear before the trial court to serve out the rest of the sentences.

The I.A. stands disposed of.

JUDGE

Comparing Assistant