Md. Abdul Noor vs The State Of Assam And Anr
2025 Latest Caselaw 8016 Gua

Gauhati High Court

Md. Abdul Noor vs The State Of Assam And Anr on 24 October, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                          Page No.# 1/3

GAHC010092472024




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

                              Case No. : I.A.(Crl.)/433/2024

            MD. ABDUL NOOR
            S/O- LATE IDRIS ALI, VILL.- HILCHAR, P.O. SRIGOURI, P.S. BADARPUR,
            DIST.- KARIMGANJ, ASSAM, PIN- 788806.

            VERSUS

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

            2:MD. ABDUL HAKIM
             S/O- LATE WAID ALI
            VILL.- HILCHAR
             P.O. SRIGOURI
             P.S. BADARPUR
             DIST.- KARIMGANJ
            ASSAM
             PIN- 788806

Advocate for the Petitioner : MR H R A CHOUDHURY, MR. J M SULAIMAN,MR. A
AHMED,MR. R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM, MR. U CHOUDHURY,LEGAL AID COUNSEL


                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                     HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                        ORDER

Date : 24.10.2025 [M. Choudhury, J]

Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. J.M. Page No.# 2/3

Suleiman, learned counsel for the applicant and Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor for the opposite party no. 1, State of Assam.

2. The instant application is preferred seeking suspension of execution of the sentence passed against the applicant-appellant and for his release on bail.

3. The applicant as appellant has preferred the accompanying criminal appeal against a Judgment and Order dated 16.12.2019 passed by the Court of learned Sessions Judge, Karimganj in Sessions Case no. 18/2015. By the Judgment and Order dated 16.12.2019, the applicant-appellant has been convicted for the offence under Section 6 read with Section 5[j][ii] of the Protection of Children from Sexual Offences Act, 2012 and also under Section 376[2][i] of the Indian Penal Code [IPC]. The applicant-appellant has been sentenced to undergo rigorous imprisonment for the remainder of his life and to pay a fine of Rs. 1,00,000/-, default stipulation.

4. Ms. Bhuyan, learned Senior Counsel and Additional Public Prosecutor has submitted that a written objection as regards the prayer for suspension of execution of sentence will be filed within 10 days' time.

5. Mr. Choudhury, learned Senior Counsel appearing for the applicant- appellant has submitted that an additional affidavit has been filed yesterday to bring on record the present health condition of the applicant-appellant. He has submitted that the applicant-appellant is presently about 76 years of age and he has been suffering from various ailments. It has been averred that the Page No.# 3/3

applicant-appellant has been suffering from serious kidney problem and is on the verge of losing eye sight and for the same, he requires special medical treatment with personal care which is not possible to be extended in jail.

6. Ms. Bhuyan shall obtain a report as regards the present health condition of the applicant-appellant from the Superintendent, District Jail, Karimganj within 10 days' from today.

7. List the case on 07.11.2025.

8. A copy of this Order is to be furnished to Ms. Bhuyan to enable her to take necessary steps.

                                      JUDGE                  JUDGE




Comparing Assistant