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2025 DAILYLAW 16956 (GAU)

SAFUR ALI v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/832/2025 · 2025-08-04

Manish Choudhury

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010169892025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/832/2025 SAFUR ALI S/O SIDDIQUE ALI R/O SATHAMOU P.S. GHOGRPAR DIST. NALBARI ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:SAJAL GUHA S/O LATE RABINDRA NATH GUHA R/O RANGIA TOWN P.S. RANGIA DIST. KAMRUP ASSAM ------------ Advocate for : MR S M ABDULLAH P Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 05.08.2025 Heard Ms. F. Hussain, learned counsel for the applicant-revision petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite Page No.# 2/3 party no. 1, State of Assam. 2. The instant application is preferred seeking suspension of execution of the sentence passed against the applicant-petitioner and for his release on bail. 3. The applicant as the revision petitioner has preferred the accompanying criminal revision petition against a Judgment dated 24.06.2025 passed by the Court of learned Additional Sessions Judge, Rangia, Kamrup [‘the Appellate Court’, for short] in Criminal Appeal no. 04/2024 whereby the Appellate Court while dismissing the appeal, has affirmed the Judgment and Order dated 11.09.2024 of conviction and sentence passed by the Court of learned Judicial Magistrate, First Class, Rangia [‘the Trial Court’, for short] in G.R. Case no. 1279/2013. By the Judgment and Order dated 11.09.2024, the Trial Court has convicted the revision petitioner for the offences under Sections 279/338/427/304[A] of the Indian Penal Code [IPC]. For the offence under Section 279, IPC, the applicant-revision petitioner has been sentenced to suffer simple imprisonment for 6 months and to pay a fine of Rs. 1,000/-, with default stipulation. Similar sentences have been passed for the offences under Section 338, IPC and Section 427, IPC. For the offence under Section 304[A], IPC, he has been sentenced to undergo simple imprisonment for 6 months. 4. Having regard to the grounds urged in the instant application as well as the accompanying criminal revision petition and considering the sentences passed against the applicant-revision petitioner, this Court is of the considered view that the applicant has made a prima facie case for interim relief. Accordingly, it is ordered that pending disposal of the accompanying criminal revision petition which is admitted today for hearing, the sentences passed against the applicant-revision petitioner by the Judgment and Order dated Page No.# 3/3 11.09.2024 by the Trial Court and the Judgment dated 24.06.2025 by the Appellate Court shall remain suspended and the applicant-revision petitioner, Safur Ali is to be released on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court. 5. The interlocutory application stands disposed of in the afore-stated terms. JUDGE Comparing Assistant