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2025 DAILYLAW 17987 (GAU)

BHIGURAM TAID ALIAS BIJIT TAID ALIAS PAPAI v. THE SATE OF ASSAM AND ANR

I.A.(Crl.)/898/2025 · 2025-08-20

Manish Choudhury

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No. 1/3 GAHC010187042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/898/2025 BHIGURAM TAID ALIAS BIJIT TAID ALIAS PAPAI S/O- SRI DURGESWAR TAID R/O- UJONI GORPARA P.O. AND P.S. DHAKUAKHANA PIN- 787055 DIST. LAKHIMPUR ASSAM VERSUS THE SATE OF ASSAM AND ANR REPRESENTED BY THE P.P. ASSAM 2:SMT. JUMI TAID W/O- SRI MINTU TAID R/O- NAMONI GORPARA P.O. AND P.S. DHAKUAKHANA PIN- 787055 DIST. LAKHIMPUR ASSAM Advocate for : MR. A BARUAH Advocate for : PP ASSAM appearing for THE SATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 21.08.2025 Heard Mr. A. Baruah, learned counsel for the applicant-revision petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State Page No. 2/3 of Assam. 2. The instant application under Section 442 read with Section 430 of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred by the applicant-revision petitioner seeking suspension of execution of the sentence passed against him and for his release on bail. 3. The applicant as the revision petitioner has preferred the accompanying criminal revision petition under Section 442 and Section 438, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 to assail a Judgment and Order dated 15.07.2025 passed by the Court of learned Sessions Judge, Lakhimpur at North Lakhimpur [‘the Appellate Court’, for short] in Criminal Appeal no. 21[1]/2024. By the Judgment and Order dated 15.07.2025, the Appellate Court while dismissing the criminal appeal, has affirmed a Judgment and Order dated 22.11.2024, passed by the Court of learned Judicial Magistrate, First Class, Dhakuakhana, Lakhimpur [‘the Trial Court’, for short] in G.R. Case no. 450/2020 and Police Report Case [PRC] no. 18/2021. 4. The Trial Court had convicted the applicant-revision petitioner for the offence under Section 448 and Section 354, Indian Penal Code [IPC]. For the offence under Section 354, IPC, the applicant-revision petitioner has been sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 6,000/-, in default of payment of fine, to suffer simple imprisonment for three month. For the offence under Section 448, IPC, he has been sentenced to pay a fine of Rs. 500/-. 5. It is submitted on behalf of the applicant-revision petitioner that during the period of investigation/enquiry/trial, he was in custody for about 14 days. After the Judgment rendered by the Trial Court, the applicant-revision petitioner was taken into custody on 30.07.2025 and he is in custody till date. It is submitted by the learned counsel for the petitioner that till date, the applicant-revision petitioner is in custody for about 35 days. 5. Having regard to the projections made above, it is observed that pending disposal of Page No. 3/3 the accompanying criminal revision petition, Criminal Revision Petition no. 336/2025, which has already been admitted today for hearing, execution of the sentence passed against the applicant-revision petitioner shall remain suspended and the applicant-revision petitioner is allowed to be released on bail subject to furnishing a bail bond of Rs. 10,000/- with one surety each of the like amount to the satisfaction of the Trial Court. 6. The application stands allowed of in the afore-stated terms. JUDGE Comparing Assistant