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2025 DAILYLAW 10915 (GAU)

AMIR ALI v. THE STATE OF ASSAM,

I.A.(Crl.)/450/2025 · 2025-05-18

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010079852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/450/2025 AMIR ALI S/O - MANU ALI SHEIKH @ MANU ALI R/O - VILL - MAJGAON P.S. - SILAPATHAR DISTRICT - DHEMAJI ASSAM PIN - 787059 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM 2:MD KAMRE ALAM KHAN S/O - MD USI AHMED KHAN R/O - VILL.- NO. 1 MAJGAON P.S. - SILAPATHAR DIST - DHEMAJI PIN - 787059 ------------ Advocate for : MR. N S LASKAR Advocate for : appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.05.2025 1. Heard Mr. N. S. Laskar, learned counsel for the applicant. Also heard Mr. B. Sharma, 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 as well as for releasing the applicant on bail. 3. The applicant, Md. Amir Ali was convicted and sentenced by the learned Sessions Judge, Dhemaji, in Sessions Case No.100/2014. 4. The applicant was convicted under Section 324 and 307 of the Indian Penal Code for the offence under Section 307 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for 4(four) years and to pay a fine of Rs.10,000/-, with default stipulation, for the offence under Section 324 of the Indian Penal Code, he was sentenced to undergo rigorous imprisonment for 2(two) years and to pay a fine of Rs.3,000/-, with default stipulation. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since, the applicant has been sentenced to a fixed period of imprisonment, the prayer is allowed. 7. Therefore, the sentence imposed upon the applicant, Md. Amir Ali in Sessions Case No.100/2014 by the learned Sessions Judge, Dhemaji, shall remain suspended, Page No.# 3/3 till disposal of the connected appeal. 8. The applicant Md. Amir Ali shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Dhemaji. 9. The I.A. Stands disposed of. JUDGE Comparing Assistant