Gauhati High Court
Nazrul Islam Babul vs The State Of Assam And Anr on 4 September, 2025
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GAHC010195022025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./359/2025
NAZRUL ISLAM BABUL
S/O LATE ABED ALI
R/O VILL- KAPUHA
P.O. BARPALLI, P.S. BARPETA
DIST. BARPETA, ASSAM
PIN CODE-781314.
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP, ASSAM
2:SHAIZ UDDIN
R/O IVLL- KAPUHA
P.O. BARPALLI
P.S. BARPETA
DIST. BARPETA
ASSAM
PIN CODE- 78131
Advocate for the Petitioner : MR. B CHOWDHURY,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : --04.09.2025
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Heard Mr. B. Chowdhury, the learned counsel for the petitioner. Also heard
Mr. M.P. Goswami, the learned Additional Public Prosecutor appearing on behalf
of the State respondent no. 1.
2. This is an application u/s 438/442 read with Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 against the impugned Judgment & Order dated
30.06.2025 passed by the learned Additional Sessions Judge, Barpeta in
Criminal Appeal No. 05/2024 upholding the Judgment & Order dated 20.02.2024
passed by learned Additional CJM, Barpeta in N.I. Case No. 38/2019, convicting
and sentencing the present petitioner to undergo Rigorous Imprisonment for 6
months and also sentenced to pay fine of Rs. 11,00,000/- with default
stipulation.
3. Issue Notice to the respondent no. 2 through registered post with A/D as
well as usual process.
4. No formal notice is required to be served to the State respondent no. 1 as
the learned Additional Public Prosecutor has already entered appearance.
However extra requisite copy of the petition be served to him during the course
of the day.
5. Also call for the scanned copy of the TCR.
6. Mr. Choudhury further submitted that the present accused/petitioner was
on bail during the entire trial. But, inadvertently there is no payer for preferring
the revision before the higher authority and accordingly he was directed to
appear before the learned Court below to serve the sentence and in that
context, the learned Trial Court below also issued NBWA against him. He further
submitted that there are sufficient materials to succeed in the present petition
and accordingly he submitted that the operation of the impugned order of
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sentence passed in Criminal Appeal No. 05/2024 as well as the impugned order
of sentence passed by learned Additional CJM, Barpeta be stayed/suspended till
disposal of the present petition. Further, the petitioner may also be allowed to
go on bail, till disposal of the present petition.
7. Considering the submission made by learned counsel for the petitioner, the
terms of sentence and other aspects of the case, the operation of impugned
order of sentence passed in Criminal Appeal No. 05/2024 dated 20.02.2024
whereby the order of sentence was upheld passed by learned Additional CJM,
Barpeta in N.I. Case No. 38/2019 is hereby stayed/suspended, till disposal of
the present petition.
8. In the meantime, the petitioner is also allowed to go on fresh bail for Rs.
20,000/- with one surety of like amount to the satisfaction of the learned
Additional CJM, Barpeta. The petitioner will also file a Compliance Report before
this Court on or before the next date of listing.
9. List the matter accordingly after 4 (four) weeks, as on a date to be fixed by
the Registry.
JUDGE
Comparing Assistant
