Soumik Roy vs Malchand Lalani
2025 Latest Caselaw 7027 Gua

Gauhati High Court

Soumik Roy vs Malchand Lalani on 4 September, 2025

                                                                  Page No.# 1/3

GAHC010191642025




                                                           undefined

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




          I.A.(Crl.)/979/2025

         SOUMIK ROY
         SON OF DR. SWAPAN KUMAR ROY RESIDENT OFJ N ROAD
         GOALPARA TOWN
         P.S. GOALPARA
         DIST. GOALPARA
         ASSAM


          VERSUS

         MALCHAND LALANI
         KARTA OF MALCHAND BINOD KUMAR LALANI
         SON OF LATE BAKSI RAM LALANI RESIDENT OF BILASIPARA
         WARD NO. 8
         PURANI BAZAR
         P.S. BILASIPARA
         DIST. DHUBRI
         ASSAM


         ------------
         Advocate for : MR. R BORA
         Advocate for : appearing for MALCHAND LALANI



                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                                                         Page No.# 2/3


                                      ORDER

Date : --04.09.2025

Heard Mr. R. Bora, the learned counsel for the petitioner.

2. This is an application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for suspension of sentence of the applicant/accused against the impugned Judgment & Order dated 24.07.2025 passed by learned Additional Sessions Judge, Bilasipra in Criminal Appeal No. 13/2024, affirming the Judgment & Order dated 30.07.2024 passed by the learned SDJM (M), Bilasipara in CR Case No. 122/2021, whereby the applicant was convicted u/s 138 of N.I. Act and sentenced simple imprisonment for 6 months and to pay the original loan amount of Rs. 20,00,000/- as compensation with default stipulation.

3. It is submitted by Mr. Bora that during disposal of the connected revision petition the execution of the impugned Judgment & Order dated 24.07.2025 passed by learned Additional Sessions Judge, Bilasipra in Criminal Appeal No. 13/2024, as well as the order of sentence passed by the learned SDJM (M), Bilasipara in CR Case No. 122/2021 may be stayed till disposal of the connected revision petition. Further, he submitted that during the entire period of trial the accused was on bail. However, by the Judgment & Order passed by the learned Additional Sessions Judge, he was directed to surrender before the learned Court of SDJM (M), Bilasipara to serve the sentence passed in the said judgment and also to pay the compensation/fine amount. Accordingly, it is prayed that the petitioner may be released on bail till disposal of the connected revision petition.

4. Considering the submission made by learned counsel for the petitioner, the Page No.# 3/3

warrant issued against the present petitioner be stayed/suspended and the petitioner is hereby allowed to go on fresh bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned Trial Court below and on the next date of listing the petitioner is directed to file a Report of Compliance. Further, the operation of the sentence may be stayed/suspended till disposal of the Criminal Revision petition.

5. With the above observations, the I.A. stands disposed of.

JUDGE

Comparing Assistant