Gauhati High Court
Abdur Rahim Sheikh Alias Abdur Rahim Sk vs The State Of Assam on 11 September, 2025
Page No.# 1/3
GAHC010203552025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1009/2025
ABDUR RAHIM SHEIKH ALIAS ABDUR RAHIM SK
SON OF LATE MOHAR ALI SHEIKH R/O LINGDOBA P.S. BONGAIGAON
DIST. BONGAIGAON
ASSAM
VERSUS
THE STATE OF ASSAM
TO BE REP. BY THE PP
ASSAM
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 11.09.2025
1. Heard Mr. I. U. Chowdhury, learned counsel for the petitioner. Also heard
Ms. N. Das, learned Additional Public Prosecutor for the State.
2. This interlocutory application has been filed by the petitioner praying for
suspension of execution of sentence imposed on the petitioner by the Court of the
Page No.# 2/3
learned Chief Judicial Magistrate, Bongaigaon in PRC Case No. 109/2019 whereby
the petitioner was convicted under Section 420 of IPC and he was sentenced to
undergo rigorous imprisonment for 1 ½ years and to pay a fine of Rs.10,000/- and
in default payment of fine to undergo simple imprisonment for one month. The
said judgment was upheld by its Judgment and order dated 26.08.2025 passed in
Criminal Appeal No. 8/2022.
3. The learned counsel for the petitioner has submitted that the petitioner
has filed a criminal revision petition i.e., Crl.Rev. Petition No. 370/2025, whereby he
has impugned the judgment and order of the Appellate Court. The learned counsel
for the petitioner has submitted that the petitioner is hopeful of getting a
favourable result in the connected Crl.Rev. Petition No. 370/2025, however, he
submits that as the sentence imposed on the petitioner is a sentence for a short
period of 1 ½ years only, if the sentence is allowed to run concurrently along with
the pendency of the criminal revision petition, the criminal revision petition may
become infructuous. Hence, he prays for suspending the sentence imposed on the
petitioner during the pendency of the connected criminal revision petition.
4. I have considered the submissions made by the learned counsel for both
sides.
5. It appears that in the connected Crl.Rev. Petition No. 370/2025, notice
has been issued and the Trial Court records as well as Appellate Court records have
also been called for. It also appears that the sentence imposed on the petitioner is
only for imprisonment of 1 ½ years, considering the short period of sentence
imposed, this Court is of the considered opinion that this is a fit case where the
execution of the sentence imposed on the applicant by the impugned judgment
and order of the Trial Court may be kept suspended during the pendency of the
connected criminal revision petition, accordingly, same is done.
Page No.# 3/3
6. During this period, the petitioner is allowed to go on bail of Rs.30,000/-
(Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction
of the learned Chief Judicial Magistrate, Bongaigaon in connection with PRC Case
No. 109/2019 with a condition that in the event of dismissal of the connected
Crl.Rev. Petition No. 370/2025, the petitioner shall surrender before the Trial Court
to serve out the sentence imposed on him by the impugned judgment.
7. This interlocutory application is accordingly disposed of.
JUDGE
Comparing Assistant
