Gauhati High Court
Akkash Ali Alias Md Akkas Ali vs Raju Basfore on 11 September, 2025
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GAHC010204392025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1014/2025
AKKASH ALI ALIAS MD AKKAS ALI
S/O LATE KOBEZUDDIN ALI
RESIDENT OF VILL- TOTPARA
WARD NO. 1
P.S. FAKIRAGRAM DIST. KOKRAJHAR
BTAD
ASSAM
VERSUS
RAJU BASFORE
SON OF LATE KHOBORI BASFORE
RESIDENT OF DHOPERTAL
WARD NO. 3
FAKIRAGRAM TOWN
P.S. FAKIRAGRAM DIST. KOKRAJHAR
BTAD
ASSAM
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Advocate for : MR SARFRAZ NAWAZ
Advocate for : appearing for RAJU BASFORE
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BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 11.09.2025
1. Heard Mr. S. Nawaz, learned counsel for the petitioner.
2. This interlocutory application has been filed by the petitioner praying for
suspension of sentence imposed on him by the impugned judgment dated
03.11.2022 passed by the learned Additional Chief Judicial Magistrate, Kokrajhar in
C.R.(NI) Case No. 21/2022. By the said judgment, the petitioner was convicted
under Section 138 of the NI Act and was sentenced to undergo simple
imprisonment for three months and to pay a compensation of Rs.4,50,000/- and in
default of payment of compensation to undergo simple imprisonment for four
months. The said judgment was impugned by the preferring an appeal by the
petitioner. The said appeal was registered as Criminal Appeal No. 22/2022 wherein
by the judgment dated 17.06.2025, the judgment of the Trial Court was upheld.
3. The learned counsel for the petitioner has submitted that the petitioner
has impugned the judgment of the Appellate Court by preferring the connected
Criminal Revision Petition No. 373/2025. However, he further submits that though
the sentence imposed on the petitioner is a short term of sentence of only three
months and the petitioner has already been arrested and has already completed 25
days behind the bars, he submits that unless the further execution of the sentence
imposed on the petitioner by the impugned judgment is not suspended, the
connected Criminal Revision Petition No. 373/2025 may become infructuous.
4. Issue notice to the respondents.
5. The petitioner shall take steps for issuance of notice upon the respondent
by registered post with A/D as well as by usual mode within seven days from the
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date of this order, returnable after four weeks.
6. In the interim, considering the short tenure of sentence imposed on the
petitioner, he shall be allowed to go on bail Rs.30,000/- (Rupees Thirty Thousand)
with one surety of like amount subject to the satisfaction of the learned Additional
Chief Judicial Magistrate, Kokrajhar in connection with C.R.(NI) Case No. 21/2022,
subject to the condition that in the event of dismissal of the connected Criminal
Revision Petition No. 373/2025, the petitioner shall surrender before the Trial Court
to serve out the sentence imposed on him by the impugned judgment.
7. List accordingly.
JUDGE
Comparing Assistant
