Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 7389 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 17 September, 2025

Author: M. Zothankhuma

Bench: Michael Zothankhuma

                                                                              Page No.# 1/3

GAHC010195552025




                                                                    2025:GAU-AS:12783

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

                                 Case No. : I.A.(Crl.)/957/2025

            SMTI GOURI ROY
            W/O LATE NARAYAN ROY, R/O K.P. ROAD, ASHOK PATH, P.S. AND DIST.-
            DIBRUGARH, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PP, ASSAM

            2:PRABAHA DEY
             D/O SUBASH CH. DEY

            R/O SIGNAL COLONY
            NO. 1 LINE

            P.S.- MORIANI

            DIST.- JORHAT
            ASSAM

Advocate for the Petitioner   : MR K J SAIKIA, MR. A K GUPTA,MR. R S MISHRA

Advocate for the Respondent : PP, ASSAM,


             Linked Case : Crl.A./46/2023

            RAKESH ROY
            S/O LATE NARAYAN ROY

            R/O K.P. ROAD
            ASHOK PATH
                                                                       Page No.# 2/3


           P.S. AND DIST.- DIBRUGARH
           ASSAM.

           2: GOURI ROY
           W/O LATE NARAYAN ROY

           R/O K.P. ROAD
           ASHOK PATH

           P.S. AND DIST.- DIBRUGARH
           ASSAM.
            VERSUS

           THE STATE OF ASSAM AND ANR.
           REP. BY THE P.P.
           ASSAM.

           2:PRABAHA DEY
           D/O SUBASH CH. DEY

           R/O SIGNAL COLONY
           NO. 1 LINE

           P.S.- MORIANI

           DIST.- JORHAT
           ASSAM.
           ------------
           Advocate for : MR K J SAIKIA
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                BEFORE
              HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                HONOURABLE MR. JUSTICE ANJAN MONI KALITA

                                       ORDER

17.09.2025 (M. Zothankhuma, J)

Heard Mr. R.S. Mishra, learned counsel for the applicant. Also heard Ms. B. Bhuyan, learned Sr. Counsel and Addl. P.P., Assam assisted by Ms. R. Das, Page No.# 3/3

learned counsel.

2. This is an application for suspension of the sentence passed in pursuance to the judgment dated 05.12.2022 and sentence order dated 06.12.2022, by the learned Sessions Judge, Dibrugarh, in Sessions Case No. 164/2013, by which the appellant has been convicted under Section 302 of the IPC and Section 498A of the IPC.

3. The applicant's counsel submits that the earlier interlocutory application filed by the applicant, i.e. I.A. (Crl.) No.106/2023, seeking bail had been dismissed vide order dated 22.09.2023. The only ground for seeking bail at this stage was due to the old age of the applicant, who is around 80 years of age and as her health condition is not good.

4. Ms. B. Bhuyan, learned Addl. P.P., submits that no new grounds have been made out by the applicant for allowing the application. Accordingly, the same should be dismissed.

5. On considering the fact that no new grounds have been made out by the applicant for release of the applicant on bail, we find no grounds to allow the application.

6. The I.A. is accordingly dismissed.

                       JUDGE                            JUDGE


Comparing Assistant