Page No.# 1/3 GAHC010123792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/671/2025 BIDHAN CHANDRA ROY SON OF LATE ROSHENDRA MOHAN ROY @ ROSHENDA ROY R/O HAILAKANDI TOWN WARD NO. 3 P.O. P.S. AND DIST. HAILAKANDI ASSAM VERSUS KANU DEBNATH SON OF LATE NONI GOPAL VILL/TOWN HAILAKANDI TOWN WARD NO. X P.O P.S. AND DIST. HAILAKANDI ASSAM ------------ Advocate for : MR. A M BARBHUIYA Advocate for : appearing for KANU DEBNATH Crl.Rev.P./233/2025 BIDHAN CHANDRA ROY SON OF LATE ROSHENDRA MOHAN ROY @ ROSHENDA ROY R/O HAILAKANDI, TOWN, WARD NO. 3, P.O., P.S. AND DIST. HAILAKANDI, ASSAM Page No.# 2/3 VERSUS KANU DEBNATH SON OF LATE NONI GOPAL VILL/TOWN HAILAKANDI TOWN, WARD NO. X, P.O, P.S. AND DIST. HAILAKANDI, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA Advocate for the Respondent : , B E F O R E HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 24.06.2025 Heard Mr. A.M. Barbhuiya, learned counsel for the applicant. By way of this application under Section 438 of the BNSS, 2023, read with Section 430, the applicant is seeking allowing the accused petitioner i.e. Bidhan Chandra Roy to go on fresh or previous bail and stay the operation of the impugned Judgment and Order dated 06.03.2025 passed by the learned Addl. Chief Judicial Magistrate, Hailakandi in Criminal Appeal No. 06/2024 which was affirmed by the impugned Judgment and Order dated 30.12.2024 passed by the learned Addl. Chief Judicial Magistrate, Hailakandi in NI Case No. 61/2019 under Section 138 of the NI Act. The brief fact of the case is that the applicant was convicted by Judgment and Order dated 30.12.2024 passed by the jurisdictional Magistrate Court in the above reference NI Case whereby the applicant was sentenced to undergo SI for a period of 6 months under Section 138 of the NI Act and also to pay a sum of Rs. 600,000/- as a compensation. It appears that against the aforesaid conviction the appeal was filed before the learned Addl. Session Judge, Hailakandi which was dismissed. It further appears that after the said appeal was dismissed, the applicant was arrested on 25.05.2025 before the expiry of the statutory period of limitation for filing criminal revision petition and since then he is in Jail. Situated thus, the present IA has been filed alongwith the accompanying criminal revision Page No.# 3/3 petition. I have heard the learned counsels for the parties and I have also perused the materials available on record. It appears that during the trial as well as the appeal period, the applicant was on bail and has not done any act to hamper the investigation. Further, the ground of challenge appears to be prima facie substantial grounds. , Accordingly, the operation of the impugned Judgment and Order dated 30.12.2024 passed by the learned Addl. Chief Judicial Magistrate, Hailakandi in NI Case No. 61/2019 shall remain suspended until further order. Resultantly, the applicant is directed to be released forthwith on furnishing a bail bond of Rs. 50,000/- to the satisfaction of the learned Addl. Chief Judicial Magistrate, Hailakandi subject to another condition as the learned jurisdictional Magistrate Court may deem fit and appropriate. The IA stands disposed of. JUDGE Comparing Assistant