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2025 DAILYLAW 11690 (GAU)

MD ABDUR RAHMAN v. THE STATE OF ASSAM

I.A.(Crl.)/485/2025 · 2025-07-15

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010091582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/485/2025 MD ABDUR RAHMAN S/O-MD. AFTARUDDIN,R/O-VILL-BAMUN GAON,P.S-LANKA,DIST- HOJAI,ASSAM 2: MD FOIZUR RAHMAN S/O-AFTARUDDIN R/O-VILL-BAMUN GAON P.S-LANKA DIST-HOJAI ASSAM 3: MD TOYJUR RAHMAN S/O-AFTARUDDIN R/O-VILL-BAMUN GAON P.S-LANKA DIST-HOJAI ASSAM 4: JIABUR RAHMAN S/O-LT. ANOWAR UDDIN R/O-NO.2 PIPAL PUKHIURI P.S-LANKA DIST-HOJAI ASSAM 6: TOYBUR RAHMAN S/O-LT. ALIMUDDIN LASKAR R/O-NO.2 PIPAL PUKHIURI P.S-LANKA DIST-HOJAI ASSA VERSUS Page No.# 2/3 THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. A M BORA, MR. V A CHOWDHURY,MR. D GAGAI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 16.07.2025 Heard Mr. A M Bora, learned senior counsel appearing for the appellants, assisted by Mr. V A Chowdhury, Advocate. Also heard Mr. D P Goswami, learned Additional Public Prosecutor, Assam. This application has been filed under Section 430 of the BNSS, 2023 for suspension of sentence and for granting bail to the applicants. The applicants were convicted under Sections 326/333 read with 149 of the IPC and under Section 3(2) of the Prevention of Damage to Public Property Act, 1984. The medical report available in the case record shows that the victims sustained simple injuries. I have gone through the judgment. Considering entire aspect of the matter, the prayer of the applicants is allowed. Hence, the sentence imposed upon the applicants by the learned Sessions Judge, Hojai, Sankardev Nagar in Sessions Case No. (1) 18/2021 shall remain suspended till disposal of the connected appeal. Page No.# 3/3 The applicants (1) Md. Abdur Rahman, (2) Md. Foizur Rahman, (3) Md. Toyjur Rahman, (4) Jiabur Rahman and (6) Toybur Rahman, who have been convicted in connection with Sessions Case No. (1) 18/2021 by the learned Sessions Judge, Hojai, Sankardev Nagar are allowed to go on bail of Rs.25,000/- each with one surety each of like amount to the satisfaction of the learned Sessions Judge, Hojai, Sankardev Nagar. The IA stands disposed of. JUDGE Comparing Assistant