Page No.# 1/3 GAHC010104062023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/436/2023 ROBINA KHATUN AND ANR. W/O HANIF ALI, R/O WARD NO. 12, SUBHASH NAGAR, P.S.- DHUBRI, DIST.- DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. TO BE REP. BY THE P.P., ASSAM. 2:JYOTSNA BARMAN W/O JINESH BARMAN R/O ATHGAON P.O.- NEW BONGAIGAON P.S.- BONGAIGAON ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, MR RITURAJ TIWARI,MS. S. CHANDA,MS. J GHOSH,MS. U NANDA,MR. I U CHOWDHURY,MR SARFRAZ NAWAZ,A W AMAN,MR S A BARBHUYAN Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./180/2023 ROBINA KHATUN AND ANR. W/O HANIF ALI R/O WARD NO. 12 SUBHASH NAGAR P.S.- DHUBRI DIST.- DHUBRI Page No.# 2/3 ASSAM. 2: HANIF ALI S/O SAKMAN ALI R/O WARD NO. 12 SUBHASH NAGAR P.S.- DHUBRI DIST.- DHUBRI ASSAM. VERSUS THE STATE OF ASSAM AND ANR. TO BE REP. BY THE P.P. ASSAM. 2:S.I CHANDAN RAUT S/O BACHAN RAUT R/O SANTIPUR P.S.- BHARALUMUKH DIST.- KAMRUP (M) ASSAM. ------------ Advocate for : MR. SURAJIT DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.02.2025 Heard Mr. J Kalita, the learned counsel appearing for the applicants as well as Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 389 of the Code of Criminal Procedure praying for suspension of sentence and for releasing the applicants on bail. 3. The applicant No.2/appellant No. 2 and his wife applicant/appellant No.1/Robina Khatun were sentenced to 5 (five) years rigorous imprisonment by the Special Judge (Additional), Dhubri on 02.03.2023 and on 10.03.2023 in Special Case No. 289/2022. Page No.# 3/3 4. Mr. Das has submitted that respondent No.1/Robina Khatun has already been released on bail. According to Mr. Das, the applicant/appellant No. 2, Hanif Ali has already completed more than 2 years 8 months in judicial custody. 5. I have considered the submissions made by the learned counsel of both sides. 6. The prayer made by the learned counsel Mr. Kalita is allowed. 7. It is hereby directed that till returnable date, the sentence imposed upon the applicant/appellant No. 2, Hanif Ali by the Special Judge (Additional), Dhubri in Special Case No. 289/2022 shall remain stayed. 8. It is also directed that the applicant/appellant No. 2, Hanif Ali shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Special Judge (Additional), Dhubri. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant