Page No.# 1/7 GAHC010247572024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1210/2024 SOLEMAN ALI AND 11 ORS S/O LATE NUR HUSSAIN, RESIDENT OF VILLAGE CHARUABAKRA, PS CHAPAR, DIST DHUBRI, ASSAM 2: HAJRAT ALI S/O LATE ABDUL RASHID RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 3: ABDUL KHALEK S/O AJIT ALI RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 4: SHAHJAHAN ALI S/O LATE ABUL HOQUE RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 5: AFSER ALI S/O LATE NUR HUSSAIN RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI Page No.# 2/7 ASSAM 6: ABU BAKKAR SIDDIQUE S/O LATE NUR HUSSAIN RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 7: LAL CHAN ALI S/O AYNAL HOQUE RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 8: ABU SHAMA S/O LATE EBRAHIM ALI RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 9: KADER ALI @ BAREK ALI S/O SAIBUDDIN RESIDENT OF SANTOSHPUR PS CHAPAR DIST DHUBRI ASSAM 10: AMAN ALI S/O LATE ALIMUDDIN SK RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 11: MONOWAR HUSSAIN S/O LATE MOGOL HUSSAIN RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM Page No.# 3/7 12: ABDUL KADER @ KADER MASTER S/O LATE ABDUL HUSSAIN MUNSHI RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSA VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY PP ASSAM 2:ON THE DEATH OF INFORMANT ABUL KALAM HIS LEGAL HEIRS SALEHA KAHTUN W/O LATE ABUL KALAM RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 3:SANIDUL ISLAM S/O LATE ABUL KALAM RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 4:KANCHAN KHATUN D/O LATE ABUL KALAM RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSA Advocate for the Petitioner : MR. M A SHEIKH, E KHANDAKAR,MR. M A SHEIKH, E KHANDAKAR,MR. S DAS,MD A S AHMED Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./416/2024 SOLEMAN ALI AND 11 ORS S/O LATE NUR HUSSAIN Page No.# 4/7 RESIDENT OF VILLAGE CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 2: HAJRAT ALI S/O LATE ABDUL RASHID RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 3: ABDUL KHALEK S/O AJIT ALI RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 4: SHAHJAHAN ALI S/O LATE ABUL HOQUE RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 5: AFSER ALI S/O LATE NUR HUSSAIN RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 6: ABU BAKKAR SIDDIQUE S/O LATE NUR HUSSAIN RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 7: LAL CHAN ALI S/O AYNAL HOQUE RESIDENT OF CHARUABAKRA Page No.# 5/7 PS CHAPAR DIST DHUBRI ASSAM 8: ABU SHAMA S/O LATE EBRAHIM ALI RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 9: KADER ALI @ BAREK ALI S/O SAIBUDDIN RESIDENT OF SANTOSHPUR PS CHAPAR DIST DHUBRI ASSAM 10: AMAN ALI S/O LATE ALIMUDDIN SK RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 11: MONOWAR HUSSAIN S/O LATE MOGOL HUSSAIN RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 12: ABDUL KADER @ KADER MASTER S/O LATE ABDUL HUSSAIN MUNSHI RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY PP ASSAM 2:ON THE DEATH OF INFORMANT ABUL KALAM HIS LEGAL HEIRS SALEHA Page No.# 6/7 KAHTUN W/O LATE ABUL KALAM RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 3:SANIDUL ISLAM S/O LATE ABUL KALAM RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM 4:KANCHAN KHATUN D/O LATE ABUL KALAM RESIDENT OF CHARUABAKRA PS CHAPAR DIST DHUBRI ASSAM ------------ Advocate for : MR. M A SHEIKH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.04.2025 Heard the learned Senior Counsel Mr. H R A Choudhury appearing for the applicants as well Ms. A. Begum, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 430 of the BNSS, 2023 praying for suspension of sentence imposed upon the applicants by the learned Additional Session Judge, Bilasipara in Sessions Case No. 86/2013 as well as for allowing them to go on bail. 3. Ms. Begum has objected to this application stating that the respondent Nos. 2, 3 & 4 should be heard instead of considering the interlocutory application. Page No.# 7/7 4. I have considered the submissions made by the learned counsel of both sides. I have also gone through the impugned judgment. 5. It is hereby directed that the sentence imposed upon the applicants by the learned Addln. Session Judge, Bilasipara in Sessions Case No. 86/2013. shall remain suspended till disposal of the connected appeal. 6. The applicants, namely, 1. Soleman Ali, 2. Hajrat Ali, 3. Abdul Khalek, 4. Shahjahan Ali, 5. Afser Ali, 6. Abu Bakkar Siddique, 7. Lal Chan Ali, 8. Abu Shama, 9. Kader Ali @ Barek Ali, 10. Aman Ali, 11. Monowar Hussain & 12. Abdul Kader @ Kader Master shall be allowed to go on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the learned Additional Session Judge, Bilasipara. 7. The IA stands disposed of accordingly. JUDGE Comparing Assistant