Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 6893 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 1 September, 2025

                                                                  Page No.# 1/3

GAHC010190232025




                                                           undefined

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

                          Case No. : I.A.(Crl.)/951/2025
                                            in
                                     Crl.A./340/2025


         SIBU KONYAK @ WANGPOH KONYAK AND 2 ORS.
         S/O. LT. OMWANG KONYAK
         R/O. HAHCHARA NAGA GAON
         P/S. AND DIST. SIVASAGAR
         ASSAM.

         2: MANTU KONYAK
         S/O. LT. KHATWANG KONYAK
          R/O. HAHCHARA NAGA GAON
          P/S. AND DIST. SIVASAGAR
         ASSAM.

         3: BIPUL KONYAK
         S/O. LT. KHATWANG KONYAK
         R/O. HAHCHARA NAGA GAON
         P/S. AND DIST. SIVASAGAR
         ASSAM.
         VERSUS

         THE STATE OF ASSAM
         REP. BY THE PP
         ASSAM.


         ------------
         Advocate for : MS M ZOMUANPUII
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
                                                                                Page No.# 2/3


                                       BEFORE
                 HON'BLE MRS. JUSTICE MITALI THAKURIA

                                        ORDER

01-09-2025

Heard Mr. B. D. Konwar, learned Senior Counsel assisted by Mr. J. Singh, learned counsel for the applicants and Mr. R. R. Kaushik, learned Additional Public Prosecutor, for the State respondent.

2. This is an application under Section 430 of the BNSS praying for suspension of execution of the sentence appealed against and praying for the applicants to allow them to remain on previous bail, till disposal of the connected appeal.

3. It is submitted by Mr. Konwar, learned Senior Counsel that the accused are sentenced to undergo 3(three) years for committing offence punishable under Section 325 IPC read with Section 34 IPC and to pay fine of Rs.5,000/- with default stipulation.

4. It is submitted by Mr. Konwar, learned Senior Counsel that during the entire trial the applicants were on bail and never misused any bail condition and accordingly, he prays for an order allowing the applicants to remain on previous bail with further prayer for suspension of the sentence till disposal of the connected appeal.

5. Mr. Kaushik, learned Addl. PP has no objection as the conviction is only for 3 (three) years.

6. Considering the entire aspect of the matter, I find it a fit case to allow the applicants to remain on previous bail till disposal of the connected appeal.

7. Further, till disposal of the connected appeal, the operation of the impugned judgment and order dated 04.08.2025, passed by the learned Additional Sessions Judge, Sivasagar in Sessions Case No. 129/2019 convicting the applicants/appellants, sentencing them to undergo R.I. for 3 (three) years for committing the offence under Page No.# 3/3

Section 325 read with Section 34 IPC and to pay fine of Rs.5,000/- only each, in default to simple imprisonment for 6 (six) months is also hereby stayed/suspended, till disposal of the connected criminal appeal.

8. This interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant