JOHURUDDIN DEWAN @ JOHIRUDDIN DEWAN @ ALI v. THE STATE OF ASSAM AND 2 ORS.
I.A.(Crl.)/1060/2025 · 2025-09-23
Mridul Kumar Kalita
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 19545 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19545 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010213302025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1060/2025 JOHURUDDIN DEWAN @ JOHIRUDDIN DEWAN @ ALI SON OF ARFAN ALI DEWAN VILLAGE MOUZABARI PS SIDLI DISTRICT CHIRANG ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS.
REPRESETNED BY THE PUBLIC PROSECUTOR ASSAM 2:ARJUN BISWAS SON OF LATE AJIT BISWAS RESIDENT OF VILLAGE KASHIKOTRA PS SIDLI DISTRICT CHIRANG ASSAM 3:RADHIKA BARMAN WIFE OF MOTIN BARMAN RESIDENT OF VILLAGE BARLESIA GAON PS BIJNI DISTRICT CHIRANG ASSAM ------------ Advocate for : MD A RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 24.09.2025
1. Heard Mr. S. Nawaz, learned counsel for the applicant. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.
2. This interlocutory application under Section 430 of BNSS has been filed by the applicant praying for suspension of sentence imposed on the appellant by the impugned judgment and order dated 08.09.2025 passed by the learned Special Judge, POCSO, Chirang in Special POCSO Case No. 24/2024. The aforesaid judgment has been impugned by the applicant by preferring the connected Criminal Appeal No. 370/2025.
3. The learned counsel for the applicant has submitted that since the sentence imposed by the Trial Court is for a short term of one year only. Unless the execution of sentence imposed is stayed during the pendency of the connected criminal appeal, the criminal appeal may itself become infructuous.
4. I have considered the submissions made by the learned counsel for both sides.
5. Since, the sentence imposed on the applicant by the impugned
judgment is for short term period of one year only, the execution of same is suspended during the pendency of the connected Criminal Appeal No. 370/2025.
6. The applicant is also allowed to remain on previous bail granted to him by the Trial Court.
Page No.# 3/3
7. This interlocutory application is accordingly disposed of.
JUDGE Comparing Assistant