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2025 DAILYLAW 19998 (GAU)

KHAIRUL HAQUE BARBHUIYA v. THE STATE OF ASSAM AND ANR.

I.A.(Crl.)/1108/2025 · 2025-10-12

Shamima Jahan

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010221832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1108/2025 KHAIRUL HAQUE BARBHUYA S/O. NURUL HAQUE BARBHUIYA, VILL.- BURIBAIL PART-III, P/S. BORKHOLA, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:RIPONA BEGUM LASKAR W/O- LUTFUR RAHMAN LASKAR R/O. VILL. CHESRI P/S- BORKHOLA DIST- CACHAR ASSA Advocate for the Petitioner : MR. N H LASKAR, MR. I A HAZARIKA Advocate for the Respondent : PP, ASSAM, In Crl.A./383/2025 KHAIRUL HAQUE BARBHUIYA S/O. NURUL HAQUE BARBHUIYA R/O- BURIBAIL PART-3 P/S- BORKHOLA DIST- CACHAR Page No.# 2/3 ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP ASSAM 2:RIPONA BEGUM LASKAR W/O- LUTFUR RAHMAN LASKAR R/O. VILL. CHESRI P/S- BORKHOLA DIST- CACHAR ASSAM ------------ Advocate for : MR. N H LASKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 13.10.2025 This Interlocutory Application is filed for suspension of sentence and subsequent bail to the appellant who is convicted under Section 363 of IPC in Sessions Case No. 13/2023 passed by the learned Sessions Judge, Cachar, Silchar and was sentenced to undergo RI for a period of two (2) years with fine and default stipulation. It is stated by the learned counsel appearing for the appellant that the appellant being incarcerated for only two (2) years under the law was granted previous bail under Section 430(3) of the BNSS, 2023. Page No.# 3/3 As such, this Court deems it fit that the sentence imposed upon the appellant be suspended during the pendency of the criminal appeal and the appellant is allowed to remain on previous bail till the appeal is heard and disposed of. I.A. is disposed of. JUDGE Comparing Assistant