Sri Deep Jyoti Deka vs The State Of Assam
2026 Latest Caselaw 280 Gua

Gauhati High Court

Sri Deep Jyoti Deka vs The State Of Assam on 21 January, 2026

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010136902025




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

                             Case No. : I.A.(Crl.)/10/2026


         SRI DEEP JYOTI DEKA
         SON OF LATE JUGEN DEKA ALIAS GANESH DEKA
         RESIDENT OF VILLAGE NA-KHULA GAON
         KOINABORI MOINAJAN
         P.S. - JAGIROAD
         DIST - MORIGAON
         ASSAM PIN - 782105


          VERSUS

         THE STATE OF ASSAM
         REPRESENTED BY PP ASSAM

         2:SMTI RUMI BORA
         WIFE OF LUHIT CH BORA
          RESIDENT OF VILLAGE TARANGAPAR

         P.S. - JAGIROAD

         DIST - MORIGAON
         ASSAM
         PIN - 782410
         PRESENTLY RESIDING AT PURANIGUDAM

         P.S. - RUPOHI
          DIST - NAGAON
         ASSAM
         PIN - 782141
          ------------
         Advocate for : MS PINKI DEKA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
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                                  BEFORE
                 HONOURABLE MR. JUSTICE MANISH CHOUDHURY
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                         ORDER

Date : 21.01.2026 [M. Choudhury, J]

Heard Ms. C. Gogoi, learned counsel appearing on behalf of the applicant- appellant and Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the opposite party- respondent 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 sentence passed against the applicant-appellant and for his release on bail.

3. The applicant as appellant has preferred the accompanying criminal appeal against a Judgment and Order dated 10.09.2024 passed by the Court of learned Additional Sessions Judge-cum-Special Judge [POCSO], Morigaon ['the Special Court', for short] in POCSO Case no. 295/2023, arising out of Jagiroad Police Station Case no. 229/2022. By the Judgment and Order dated 10.09.2024, the Special Court has convicted the accused-appellant for the offences under Section 376[3], Indian Penal Code [IPC] and Section 366, IPC. For the offence under Section 376[3], IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for life, which means imprisonment for the remainder of his natural life and to pay a fine of Rs. 20,000/-, with default stipulation. For the offence under Section 366, IPC, he has been sentenced to undergo rigorous imprisonment for five years and to pay Page No.# 3/3

a fine of Rs. 10,000/-, with default stipulation. The sentences are ordered to run concurrently.

4. Issue notice, returnable on 02.03.2026.

5. As Ms. Das, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the opposite party no. 1, issuance of formal notice to the opposite party no. 1 is dispensed with.

6. The applicant-appellant shall take steps for service of notice upon the opposite party no. 2 in terms of the Practice Directions laid down in the Notification no. 17 dated 15.03.2024.

7. The learned Additional Public Prosecutor shall file objection to the instant application on or before the returnable date, if so advised.

                        JUDGE                    JUDGE




Comparing Assistant