Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 8216 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 31 October, 2025

                                                                  Page No.# 1/3

GAHC010236572025




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

                         Case No. : I.A.(Crl.)/1152/2025

         ARUN BORAH ALIAS RAJAT AND ANR
         S/O LATE MOHENDRA BORAH
         R/O VILL- GHARMORA
         P.S. GHILAMORA
         DIST. LAKHIMPUR
         ASSAM

         2: SRI UDIT BORAH @ SUNMONI
         S/O SHRI RAJAT BORAH
         R/O VILL- GHARMORA
          P.S. GHILAMORA
          DIST. LAKHIMPUR
         ASSAM
         VERSUS

         THE STATE OF ASSAM AND ANR
         REP BY THE PP
         ASSAM

         2:SHRI BICHITRA BORAH
         S/O LATE BOMBESWAR BORAH
         RESIDENT OF VILL- GHARMARA
          P.S. GHILAMARA
          DIST. LAKHIMPUR
         ASSAM
          PIN-787053.
          ------------
         Advocate for : MR. K BORUAH
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
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                                    BEFORE
                 HON'BLE MRS. JUSTICE SHAMIMA JAHAN
                                ORDER

31.10.2025

Heard Mr. K. Boruah, learned counsel for the applicant and Mr. K.K. Parashar, learned Addl. PP for the State.

This is an application filed under Section 430 BNSS, 2023 for suspension of sentence and subsequent bail in connection with the Judgment & Order dated 23.09.2025 passed by the learned Session Judge, Lakhimpur in Crl. Appeal No. 12(2) of 2024 as well as the Judgment & Order dated 08.04.2024 passed by the Trial Court convicting and sentencing the applicant.

The applicant was convicted under Section 325 IPC by the Trial Court and was sentenced to undergo R.I for 6 months with fine and default stipulation, however, in the appeal filed by the applicant the applicant was sentenced to undergo R.I for one year with fine and default stipulation. Under Section 430 of the BNSS, 2023 it is provided that in sentences of less than 3 years, the applicant may be released on previous bail when the applicant prays that he may file an appeal before the Appellate Court.

However, the same has not been done in the instant case and in view of the fact that sentence imposed upon the applicant was for one year of R.I., this Court finds it fit that the sentence be suspended and the applicant be released on bail on furnishing a bail bond of Rs. 20,000/- with 1 local Page No.# 3/3

surety of the like amount to the satisfaction of the Trial Court.

I.A is disposed of.

JUDGE

Comparing Assistant