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2025 DAILYLAW 14784 (GAU)

SULTAN ALI AHMED AND 5 ORS. v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/676/2025 · 2025-06-23

Kaushik Goswami

body2025

Judgment text

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Page No.# 1/5 GAHC010136182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/676/2025 SULTAN ALI AHMED AND 5 ORS. S/O KAZIMUDDIN AHMED R/O VILL- BAIKHUNGAON P.S. DHALIGAON DIST. CHIRANG BTC ASSAM PIN-783385. 2: SORIF UDDIN AHMED S/O KAZIMUDDIN AHMED R/O VILL- BAIKHUNGAON P.S. DHALIGAON DIST. CHIRANG BTC ASSAM PIN-783385. 3: JAHIRUL ISLAM S/O KAZIMUDDIN AHMED R/O VILL- BAIKHUNGAON P.S. DHALIGAON DIST. CHIRANG BTC ASSAM PIN-783385. 4: SIRAJUL HAQUE S/O KAZIMUDDIN AHMED R/O VILL- BAIKHUNGAON P.S. DHALIGAON DIST. CHIRANG BTC ASSAM PIN-783385. Page No.# 2/5 5: JAYNAL ABEDIN S/O KAZIMUDDIN AHMED R/O VILL- BAIKHUNGAON P.S. DHALIGAON DIST. CHIRANG BTC ASSAM PIN-783385. 6: HANIF UDDIN SON OF SORIF UDDIN R/O VILL- BAIKHUNGAON P.S. DHALIGAON DIST. CHIRANG BTC ASSAM PIN-783385. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:JAFOR ALI (COMPLAINANT) SON OF MD. ABDUL MOZID VILL- BAIKHUNGAON P.S. KAJALGAON DIST. CHIRANG ASSAM PIN-783385 ------------ Advocate for : MR. A M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Crl.Rev.P./236/2025 SULTAN ALI AHMED AND 5 ORS. S/O KAZIMUDDIN AHMED R/O VILL- BAIKHUNGAON, P.S. DHALIGAON, DIST. CHIRANG, BTC, ASSAM, PIN-783385. 2: SORIF UDDIN AHMED S/O KAZIMUDDIN AHMED R/O VILL- BAIKHUNGAON P.S. DHALIGAON Page No.# 3/5 DIST. CHIRANG BTC ASSAM PIN-783385. 3: JAHIRUL ISLAM S/O KAZIMUDDIN AHMED R/O VILL- BAIKHUNGAON P.S. DHALIGAON DIST. CHIRANG BTC ASSAM PIN-783385. 4: SIRAJUL HAQUE S/O KAZIMUDDIN AHMED R/O VILL- BAIKHUNGAON P.S. DHALIGAON DIST. CHIRANG BTC ASSAM PIN-783385. 5: JAYNAL ABEDIN S/O KAZIMUDDIN AHMED R/O VILL- BAIKHUNGAON P.S. DHALIGAON DIST. CHIRANG BTC ASSAM PIN-783385 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:JAFOR ALI (COMPLAINANT) SON OF MD. ABDUL MOZID VILL- BAIKHUNGAON P.S. KAJALGAON DIST. CHIRANG ASSAM PIN-783385 Advocate for the Petitioner : MR. A M AHMED, B DAS,P. GHOSH,MRS S RAHANA,MR. I U CHOWDHURY Page No.# 4/5 Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 24.06.2025 Heard Mr. A.M. Ahmed, learned counsel for the applicants. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor for the State. By way of this application, the applicants is assailing the impugned judgment and order dated 03.06.2025 passed by the learned Session Judge, Chirang at Kajalgaon in Criminal Appeal No. 15/2025 affirming the Judgment of conviction and sentence dated 28.02.2025 passed by the learned Addl. Magistrate, Chirang, Kajalgaon in PRC Case No. 58/2021 convicting the applicants under Section 323 IPC and sentencing them to suffer SI for one month, in default of payment, to undergo SI for another 7 days and petitioner Nos. 1, 3 & 5 were convicted under Section 354 of IPC and sentenced to undergo one year RI with a fine of Rs. 2000/- and in default of payment, SI for another 15 days. Mr. A.M. Ahmed, learned counsel for the applicants submits that the applicants were on bail during trial as well as during the period of appeal and are still continuing on bail. However, in view of the fact that the appeal has been dismissed, the present petition has been filed seeking suspension of the impugned judgment and order dated 03.06.2025 passed by the learned Session Judge, Chirang at Kajalgaon in Criminal Appeal No. 15/2025 and allowing the applicants to remain on previous bail. It appears that during the trial as well as the appeal period, the applicants were 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 03.06.2025 passed by the learned Session Judge, Chirang at Kajalgaon in Criminal Appeal No. 15/2025 shall remain suspended until further order. Considering that the applicants have not taken undue advantage of bail granted to them by the Trial Court, this Court allows the applicants to remain on previous bail pending adjudication of the instant criminal revision petition. Page No.# 5/5 The IA stands disposed of. JUDGE Comparing Assistant