Bhugesh Mali vs The State Of Assam And Anr
2026 Latest Caselaw 209 Gua

Gauhati High Court

Bhugesh Mali vs The State Of Assam And Anr on 19 January, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                              Page No. 1/2

GAHC010278922025




                                                                      undefined

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

                                Case No. : I.A.(Crl.)/1391/2025

            BHUGESH MALI
            SON OF LATE GUNASAGAR MALI, R/O VILLAGE HOLLUNG GAON, NEAR
            L.P. SCHOOL, P.S.-PHILLOBARI, DIST- TINSUKIA, ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:NIRMAL TANTI
             SON OF LATE TIKE BADAN TANTI
             R/O BISHNUPUR
             P.S.- PHILLOBARI
             DIST- TINSUKIA
            ASSAM

Advocate for the Petitioner   : MS B R A SULTANA (LEGAL AID COUNSEL),

Advocate for the Respondent : PP, ASSAM,

                                  BEFORE
                 HONOURABLE MR. JUSTICE MANISH CHOUDHURY
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

Date : 19.01.2026 [Manish Choudhury, J.]

Heard Ms. B.R.A. Sultana, learned Legal Aid Counsel for the applicant-appellant and Ms. A. Begum, learned Additional Public Prosecutor for the opposite part-respondent no. 1, State of Assam.

This application under Section 430, Bharatiya Nagarik Suraskha Sanhita [BNSS], 2023 is preferred seeking suspension of the execution of sentence passed against the applicant- appellant and for his release on bail.

The applicant as the appellant has preferred the accompanying criminal appeal under Section 415, BNSS against a Judgment and Order dated 24.04.2024 passed by the learned Additional Sessions Judge-Cum-Special Judge [FTC], Tinsukia ['the Trial Court', for short] in Sessions Case no. 174 of 2023. By the Judgment and Order dated 24.04.2024, the applicant- appellant has been convicted for the offence of murder under Section 302, IPC and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment for another six months.

It has been averred that the applicant-appellant is in jail since 09.06.2023. Issue notice, returnable on 25.02.2026.

As Ms. Begum has appeared and accepted notice on behalf of the opposite part- respondent no. 1, issuance of formal notice in respect of the said respondent stands dispensed with. However, the learned counsel for the applicant-appellant shall serve a copy of the application along with annexures, to Ms. Begum within 3 [three] working days from today.

The State is to file its objection on or before the next date of listing.

                                                                   JUDGE                   JUDGE



Comparing Assistant