Citation : 2026 Latest Caselaw 198 Gua
Judgement Date : 19 January, 2026
Page No. 1/3
GAHC010233222025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./10/2026
NABI HUSSAIN ALIAS NOBI
SON OF- SAYED ALI, R/O- VILLAGE- 2 NO. BHALATAL, P.O.- 2 NO.
BHALATAL, P.S.- BIJNI, PIN NO.- 783390, DISTRICT- CHIRANG, BTAD
ASSAM.
2: MD HABIZUR @ HABI ALI
S/O JALALUDDIN
R/O VILL. 2 NO. BHALAAL
P.O. 2 NO BHALATAL
PS. BIJNI
PIN 783390
DIST. CHIRANG BTAD (ASSAM)
3: USAM ALI @ OSMAN ALI
S/O NAJES ALI
R/O VILL. 2 NO. BHALATAL
P.O. 2 NO. BHALATAL
AND P.S. BIJNI
PIN 783390
DIST. CHIRANG
BTAD
ASSAM
VERSUS
THE CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY SC, CBI
2:ALBERT L. RIENGSETE
SUB INSPECTOR
BIJNI POLICE STATION
BIJINI TOWN
WARD NO. 3 BIJNI
Page No. 2/3
P.S. BIJNI
PIN 783390
DIST .CHIRANG (BTAD)
ASSAM
Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, MD A RAHMAN,MR K J SAIKIA,MS
M NIROLA,MR. M RAHMAN
Advocate for the Respondent : SC, CBI,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 19.01.2026 [Manish Choudhury, J.]
Heard Mr. M. Rahman, learned counsel for the accused-appellants and Ms. N. Kumari, learned Public Prosecutor, CBI for the respondent nos. 1 & 2.
2. This criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is directed against a Judgment and Order dated 12.08.2025 passed by the Court of learned Special Judge, Bongaigaon ['the Special Court', for short] in Special [CBI] Case no. 06 [B] of 2012. By the Judgment and Order dated 12.08.2025, the Special Court has convicted five accused persons including the three accused-appellants herein, for the offences under Sections 148/324/149, Indian Penal Code [IPC] and Sections 302/149, IPC. For the offences under Sections 302/149, IPC, the three accused-appellants have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 15,000/- each with default stipulation. For the offence under Sections 148/324/149, IPC, they have been sentenced to undergo rigorous imprisonment for three years each. The sentences are ordered to run concurrently.
3. We have gone through the grounds urged in the memo of appeal.
4. The appeal is admitted for hearing.
5. The case records of Special [CBI] Case no. 06 [B] of 2012 be called for.
6. Issue notice, returnable on 25.02.2026.
7. As Ms. Kumari has appeared and accepted notice on behalf of both the respondents, issuance of formal notice in respect of the respondents stand dispensed with. However, the learned counsel for the accused-appellants shall serve an extra copy of the memo of appeal along with annexures, to Ms. Kumari within 3 [three] working days from today.
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