Page No.# 1/3 GAHC010226432024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1076/2024 ASAD ALI S/O. ABDUL MANNAN, R/O. GORAIMARI, P/S. BONGAIGAON, DIST.- BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE PP, ASSAM. 2:FARJINA KHATUN D/O. HABIBUR RAHMAN GAZI R/O. GORAIMARI P/S. BONGAIGAON DIST.- BONGAIGAON PIN- 783390 ASSAM. 3:REJINA BEGUM D/O. NABIR HUSSAIN @ NABI HUSSAIN GAZI R/O. GORAIMARI P/S. BONGAIGAON DIST.- BONGAIGAON PIN- 783390 ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, MR. A AHMED,MR. I U CHOWDHURY,MS. P AHMED,MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, MS. D SAIKIA, AMICUS CURIAE, R2, R3 Page No.# 2/3 Linked Case : Crl.A./378/2024 ASAD ALI S/O. ABDUL MANNAN R/O. GORAIMARI P/S. BONGAIGAON DIST.- BONGAIGAON ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE PP ASSAM. 2:FARJINA KHATUN D/O. HABIBUR RAHMAN GAZI R/O. GORAIMARI P/S. BONGAIGAON DIST.- BONGAIGAON PIN- 783390 ASSAM. 3:REJINA BEGUM D/O. NABIR HUSSAIN @ NABI HUSSAIN GAZI R/O. GORAIMARI P/S. BONGAIGAON DIST.- BONGAIGAON PIN- 783390 ASSAM. ------------ Advocate for : MR. M I HUSSAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.05.2025 Heard Mr. H R A Choudhury, the learned Senior Counsel assisted by Mr. M I Hussain Page No.# 3/3 appearing for the applicant. Also heard Ms. N Das, the learned Additional Public Prosecutor appearing for the State of Assam and Ms. D. Saikia, the learned Amicus Curiae representing the respondent No.2. 2. This application has been filed under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension of sentence imposed upon the applicant Asad Ali the learned Special Judge, Bongaigaon in Special (P) Case No. 22(BGN)/2020. 3. Ms N. Das has submitted that she has filed an objection. 4. I have gone through the same. 5. Ms. Saikia has submitted that there is no infirmity in the judgment and therefore, she prays for early hearing of the appeal. 6. I have considered the submissions made by the learned counsel of both sides. I have also gone through the evidence of respondent No. 2. 7. This Court is of the opinion that at this stage, the prayer of the applicant deserves to be accepted. 8. Therefore, it is hereby directed that the sentence imposed upon the applicant Asad Ali in Special (P) Case No. 22(BGN)/2020 passed by the learned Special Judge, Bongaigaon shall remain stayed till disposal of the appeal. 9. The applicant Asad Ali is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Bongaigaon. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant