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2025 DAILYLAW 11800 (GAU)

MAINA HAZARIKA KAKATI v. THE STATE OF ASSAM

I.A.(Crl.)/503/2025 · 2025-06-10

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010094162025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/503/2025 MAINA HAZARIKA KAKATI W/O. CHIDAM KAKATI, R/O. VILL.- BORONGABARI, P/S. MORIGAON, DIST. MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : P D CHOUDHURY, MR S J CHOUDHURY,MR Z KAMAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 11.06.2025 Heard Mr. Z. Kamar, learned senior counsel appearing for the applicant, assisted by Mr. S. J. Choudhury, Advocate. Also heard Mr. K K Das, learned Additional Public Prosecutor, Assam. This application has been filed under Section 430 of the BNSS, 2023 praying for suspension of sentence imposed upon the applicant Smti. Maina Hazarika Kakati. The applicant has convicted under Section 304 (Part II) IPC by the learned Sessions Judge, Page No.# 2/2 Morigaon in Sessions Case No. 107/2016. The applicant was directed to undergo RI for 10 (ten) years along with fine of Rs.10,000/- with default stipulation. Mr. Das, the learned Additional Public Prosecutor has objected to this application. I have considered the submissions made by the learned counsel for both the sides. Also, I have gone through the relevant materials available in the case records including the judgment of the trial court. Considering entire aspect of the matter, the present interlocutory application is allowed. The applicant Smti. Maina Hazarika Kakati is allowed to go on bail of Rs.30,000/-, who is in jail in connection with judgment and order dated 04.03.2025 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 107/2016 with one surety of like amount to the satisfaction of the learned Sessions Judge, Morigaon. The present interlocutory application is disposed of. JUDGE Comparing Assistant