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2025 DAILYLAW 17531 (GAU)

POLY BHAGABATI v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/945/2025 · 2025-08-31

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010179082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/945/2025 POLY BHAGABATI W/O MUKUT BHAGABATI R/O CHOWK BAZAR P.O. CHOWK BAZAR P.S. NALBARI DIST. NALBARI ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:MD. SUFIAN DHARO SON OF LATE YASIN ALI R/O DIPTA P.O. SURADI P.S. NALBARI DIST. NALBARI ASSAM ------------ Advocate for : MR. R CHETRI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --01.09.2025 Page No.# 2/3 Heard Mr. R. Chetri, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing on behalf of State respondent no. 1. 2. This is an application u/s 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for suspension of sentence during the pendency of the Criminal Revision Petition preferred by the present petitioner and also with a prayer to allow him to remain of previous bail. 3. It is submitted by Mr. Chetri that the present accused/petitioner was initially convicted by the learned Court of Additional CJM, Nalbari vide judgment and order dated 27.02.2023 in connection with N.I. Case No. 69/2016 u/s 138 of the N.I. Act sentencing him to undergo S.I. for 1 year and further sentenced to pay Rs. 3,17,000/- towards compensation. The petitioner preferred an appeal before the learned Sessions Judge, Nalbari and the order of the Additional CJM, Nalbari has been upheld by its order dated 30.05.2025. The connected revision petition is also filed within a period of limitation and till the date of the order, the present petitioner was on previous bail. 4. In view of this considering the terms of sentence and other aspects of the case, the petitioner is hereby allowed to remain on previous bail till disposal of the connected revision petition and further the operation of impugned judgment and order and the sentence passed in Criminal Appeal No. 14/2023 as well as the operation of judgment and order dated 27.02.2023 passed by learned Additional CJM in N.I. Case No. 69/2016 is stayed/suspended till disposal of the connected appeal. Page No.# 3/3 5. With the above observations, the I.A. stands disposed of. JUDGE Comparing Assistant