SIBU KONYAK @ WANGPOH KONYAK AND 2 ORS. v. THE STATE OF ASSAM
I.A.(Crl.)/951/2025 · 2025-08-31
Mitali Thakuria
body2025
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[ 2025 DAILYLAW 18192 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18192 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010190232025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/951/2025 in Crl.A./340/2025 SIBU KONYAK @ WANGPOH KONYAK AND 2 ORS.
S/O. LT. OMWANG KONYAK R/O. HAHCHARA NAGA GAON P/S. AND DIST. SIVASAGAR ASSAM.
2: MANTU KONYAK S/O. LT. KHATWANG KONYAK R/O. HAHCHARA NAGA GAON P/S. AND DIST. SIVASAGAR ASSAM.
3: BIPUL KONYAK S/O. LT. KHATWANG KONYAK R/O. HAHCHARA NAGA GAON P/S. AND DIST. SIVASAGAR ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM. ------------ Advocate for : MS M ZOMUANPUII Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER 01-09-2025 Heard Mr. B. D. Konwar, learned Senior Counsel assisted by Mr. J. Singh, learned counsel for the applicants and Mr. R. R. Kaushik, learned Additional Public Prosecutor, for the State respondent.
2. This is an application under Section 430 of the BNSS praying for suspension of execution of the sentence appealed against and praying for the applicants to allow them to remain on previous bail, till disposal of the connected appeal.
3. It is submitted by Mr. Konwar, learned Senior Counsel that the accused are sentenced to undergo 3(three) years for committing offence punishable under Section 325 IPC read with Section 34 IPC and to pay fine of Rs.5,000/- with default stipulation.
4. It is submitted by Mr. Konwar, learned Senior Counsel that during the entire trial the applicants were on bail and never misused any bail condition and accordingly, he prays for an order allowing the applicants to remain on previous bail with further prayer for suspension of the sentence till disposal of the connected appeal.
5. Mr. Kaushik, learned Addl. PP has no objection as the conviction is only for 3 (three) years.
6. Considering the entire aspect of the matter, I find it a fit case to allow the applicants to remain on previous bail till disposal of the connected appeal.
7. Further, till disposal of the connected appeal, the operation of the impugned
judgment and order dated 04.08.2025, passed by the learned Additional Sessions Judge, Sivasagar in Sessions Case No. 129/2019 convicting the applicants/appellants, sentencing them to undergo R.I. for 3 (three) years for committing the offence under
Page No.# 3/3 Section 325 read with Section 34 IPC and to pay fine of Rs.5,000/- only each, in default to simple imprisonment for 6 (six) months is also hereby stayed/suspended, till disposal of the connected criminal appeal.
8. This interlocutory application accordingly stands disposed of.
JUDGE Comparing Assistant