Page No.# 1/4 vs The State Of Assam
2026 Latest Caselaw 337 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam on 22 January, 2026

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                  Page No.# 1/4

GAHC010194552025




                                                           undefined

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

                         Case No. : I.A.(Crl.)/1122/2025


         SRI MANIK BISWAS
         S/O LATE NITAL BISWAS
          R/O KALIA GAON
         P.S. DHOLLA
          DIST. TINSUKIA
         ASSAM
          PIN 786154
         2: KIRAN BISWAS
         S/O LATE NITAI BISWAS
          R/O KALIA GAON
          P.S. DHULIA
          DIST. TINSUKIA
         ASSAM
          PIN 786154
          3: POTOI BISWAS
         W/O SRI MANIK BISWAS
          R/O KALIA GAON
          P.S. DHOLLA
          DIST. TINSUKIA
         ASSAM
          PIN 786154
          4: RATAN BISWAS
         S/O SRI JOYAL BISWAS
          R/O HATI CAMP
          PS. DHOLLA
          DIST. TINSUKIA
         ASSAM
          PIN 786154
          5: HEMANTA BISWAS

         S/O SRI UDDAB CH. BISWAS
         R/O HATI CAMP
         P.S. DHOLLA
         DIST. TINSUKIA
                                                                            Page No.# 2/4

             ASSAM
             PIN 786154
             VERSUS

             THE STATE OF ASSAM
             REP. BY THE PP
             ASSAM
             ------------
             Advocate for : MR. BHASKAR DUTTA
             SENIOR ADVOCATE
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM



                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                       ORDER

Date : 22.01.2026

1. Heard Mr. Bhaskar Dutta, learned Senior Counsel assisted by Mr. S. Deka, learned counsel for the applicants. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam.

2. This is an application filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for suspension of sentence and for releasing the applicants on bail.

3. One person was allegedly assaulted by the petitioner; he was rescued by Police and was taken to the Police Station. His condition deteriorated and therefore he was sent to the Hospital, where he died. The doctor, who performed the Postmortem examination of the dead body has stated in his evidence that the deceased was brought dead to the Hospital. No inquest was done upon the dead body of the deceased.

4. The Investigating Officer did not register a case on the day of occurrence, Page No.# 3/4

after the death of the deceased the case was registered. The police has stated in his evidence that this is not known that who took the deceased to the Hospital.

5. Learned Additional Public Prosecutor has objected to this Petition on the ground that there are some eye witnesses, who has supported the prosecution case of assault upon the deceased and has relied upon a Judgment of the Hon'ble Supreme Court that was delivered in " Omprakash Sahani v. Jai Shankar Chaudhary & Anr. Reported in 2023 LiveLaw (SC) 389".

6. I have considered the submissions made by learned counsel for both the side. I have found that there are some materials in the prosecution evidence. Therefore, without expressing any opinion of the merit of the case, the present application is allowed.

7. The sentence imposed upon the applicants by the learned Additional District & Sessions Judge (FTC-2), Tinsukia in Sessions Case No.52 (CH) of 2021 shall remain suspended till disposal of the connected Appeal.

8. The applicants, (1). Manik Biswas, (2). Kiran Biswas, (3). Potoi Biswas, (4). Ratan Biswas and (5). Hemanta Biswas shall be released on bail of Rs.50,000/- each with a surety of like amount to the satisfaction of the learned Additional District & Sessions Judge (FTC-2), Tinsukia.

9. With the aforesaid direction, the I.A. stands disposed of.

JUDGE Page No.# 4/4

Comparing Assistant