Police Station-Golaghat vs The State Of Assam
2026 Latest Caselaw 116 Gua

Gauhati High Court

Police Station-Golaghat vs The State Of Assam on 7 January, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010269782025




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

                             Case No. : I.A.(Crl.)/1383/2025


            MD CHAFIKUL HUSSAIN
            SON OF LATE MOHAMMAD HUSSAIN
            R/O - VILLAGE- SHALMRA MOHKHUTI
            HALMIRA MOHKHUTI GAON
            GOLAGHAT

            POLICE STATION-GOLAGHAT
            DISTRICT-GOLAGHAT
            ASSA.


            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR


            ------------
            Advocate for : MS BIJITA SARMA
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM



                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                        ORDER

Date : 07.01.2026

Heard Ms. B. Sarma, learned Legal Aid Counsel for the applicant-appellant and Ms. S.H. Bora, learned Additional Public Prosecutor for the opposite party Page No.# 2/3

no. 1, State of Assam.

2. The instant application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred seeking suspension of execution of the sentence passed against the applicant-appellant and for his release on bail.

3. The applicant as the appellant has preferred the accompanying criminal appeal, Crl.A. no. 449/2025 against a Judgment and Order dated 22.09.2025 passed by the Court of Sessions Judge, Golaghat ['the Trial Court', for short] in Sessions Case no. 05/2024. By the Judgment and Order dated 22.09.2025, the Trial Court has convicted the applicant-appellant for the offences under Sections 341/324, Indian Penal Code [IPC]. For the offence under Section 341, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for one month. For the offence under Section 324, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 2,000/-, with default stipulation. Both the sentences are ordered to run concurrently.

4. The maximum period of sentence imposed upon the applicant-appellant is six months. Presently, the applicant-appellant is on bail as granted by the Trial Court. The Hon'ble Supreme Court of India in Bhagwan Rama Shinde Gosai vs. State of Gujarat reported in [1999] 4 SCC 421, has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances.

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5. Having regard to the projections made in the application regarding the prosecution case, it is ordered that till disposal of the accompanying criminal appeal, Crl.A. no. 449/2025, the sentences passed against the applicant- appellant shall remain suspended and the applicant-appellant is to be allowed to be released on fresh bail subject to furnishing a bail bond of Rs. 5,000/- with one surety of the like amount to the satisfaction of the Trial Court.

JUDGE

Comparing Assistant