Page No.# 1/2 vs The State Of Assam
2025 Latest Caselaw 7873 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam on 17 October, 2025

                                                                         Page No.# 1/2

GAHC010208522025




                                                                  2025:GAU-AS:13926

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

                                Case No. : I.A.(Crl.)/1047/2025

            RAHUL KHAN
            S/O. JARMAN KHAN, VILL.- KAMARDANGA, P/S. KAJALGAON, DIST.
            CHIRANG, BTC, ASSAM.



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : B DAS, MR. I U CHOWDHURY,MR. A M AHMED

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                           ORDER

Date : 17.10.2025

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

2. This is an application under Section 389 of the Cr.P.C 1973 Page No.# 2/2

corresponding to Section 430 of the BNSS, 2023 for suspension of sentence and subsequent release of the appellant on bail in connection with the judgment and order dated 12.08.2025 passed by the Ld. Special Judge, Chirang, Kajalgaon in Special NDPS Case No. 03/2024 by which the appellant was convicted under Section 21(b) of the NDPS Act and was sentenced to undergo rigorous imprisonment of 3(three) years with fine and default stipulation.

3. It is provided under Section 430(3) of the BNSS, 2023 that where the convicted person satisfies the Court that he intends to present an appeal before the appellate Court for which he was sentenced for not more then 3(three) years, the said Ld. Trial Court may release the convicted person on bail unless there are special reasons for refusing the same and may afford sufficient time to present the appeal and obtain orders from the appellate Court under sub-section 1 of the said Section.

4. It is noticed that in the instant case, the sentence imposed on the appellant is 3(three) year incarceration and as such, for the ends of justice, it is directed that the sentence imposed upon the appellant may be suspended and subsequent bail be granted to the appellant on furnishing of a bail bond of Rs. 30,000/- with 1(one) surety of the like amount to the satisfaction of the Ld. Trial Court.

5. I/A is disposed of.

JUDGE

Comparing Assistant