Page No.# 1/4 GAHC010169062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./302/2025 BIPLOB KUMAR GHOSH S/O SRI BIPUL CHANDRA GHOSH R/O QTR. NO. 545/C, BGR TOWNSHIP, P.O. AND P.S. DHALIGAON, DIST. CHARING, ASSAM VERSUS KAJAL DAS AND ANR S/O SRI JOHAR DAS R/O DHALIGAON, NEAR GANESH MANDIR, P.O. NEW BOINGAIGOAN, DIST. BONGAIGAON, ASSAM 2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSA Advocate for the Petitioner : MR M BARMAN, P BURAGOHAIN Advocate for the Respondent : PP, ASSAM, Linked Case : I.A.(Crl.)/845/2025 BIPLOB KUMAR GHOSH S/O SRI BIPUL CHANDRA GHOSH RESIDENT OF QTR. NO. 545/C BGR TOWNSHIP P.O. AN DP.S. DHALIGAON Page No.# 2/4 DIST. CHIRANG ASSAM VERSUS KAJAL DAS AND ANR S/O SRI JOHAR DAS R/O DHALIGAON NEAR GANESH MANDIR P.O. NEW BONGAIGAON DIST. BONGAIGAON ASSAM 2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR M BARMAN Advocate for : PP ASSAM appearing for KAJAL DAS AND ANR BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 27.08.2025. Heard Mr. M. Barman, learned counsel for the applicant. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam appearing for the respondent No.2 State. This interlocutory application has been filed for stay of the warrant of arrest and execution of sentence pursuant to the judgment and order dated 14.07.2025, passed by the learned Sessions Judge, Chirang in Criminal Appeal No.18/2025. Page No.# 3/4 In advertently, the order of the learned Addl. CJM, Chirang dated 16.07.2025 and 30.07.2025 were not annexed along with the connected Criminal Revision Petition at the time of filing, whereby the order of issuance of the NBWA was passed by the learned Trial Court below. However, through an additional affidavit, this order has been placed before this Court in connection with the connected Criminal Revision Petition. After hearing the submission made by the learned counsel for the applicant and perusal of the record, it is seen that after the order of the appeal dated 14.07.2025, the case record was immediately sent back to the learned Trial Court below and immediately on the receipt of the case record, on 16.07.2025, order of issuance of the NBWA was passed and on the next date i.e. on 30.07.2025 also the order of NBWA was issued against the present petitioner. It is further submitted by Mr. M. Barman, learned counsel for the applicant that the present Criminal Revision Petition was filed within the statutory period of 30 days but before expiry of the said 30 days, the NBWA was issued against the present petitioner. Accordingly, vide the instant petition, it is prayed for stay of execution of the sentence of one year simple imprisonment with a fine of Rs.10,00,000/-, in default to fine further six months imprisonment and also recall the NBWA, issued against the present applicant/petitioner. Considering the submissions made by learned counsel for both sides and other aspects of the case, the execution of the sentence and order dated 14.07.2025, passed in Criminal Appeal No.18/2025 is hereby stayed, till disposal of the present Criminal Revision Petition. Further, the NBWA issued against the present petitioner is hereby recalled, Page No.# 4/4 allowing the applicant/petitioner to go on bail of Rs.20,000/- (Rupees twenty thousands) only along with a surety of like amount to the satisfaction of the learned Trial Court below. The petitioner is further directed to furnish the compliance report on or before the next date of listing, in connection with the connected Criminal Revision Petition No.302/2025. With the above observation, the present Interlocutory Application stands disposed of. JUDGE Comparing Assistant