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2025 DAILYLAW 21134 (GAU)

ABDUL SAMAD AND 2 ORS v. THE STATE OF ASSAM

I.A.(Crl.)/1179/2024 · 2025-01-08

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010251512024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/1179/2024 ABDUL SAMAD AND 2 ORS S/O LATE JORIPUDDIN SK RESIDENT OF VILLAGE KODOMTOLA PART III PS BILASIPARA DIST DHUBRI ASSAM 2: BABLU SEIKH S/O LATE JORIPUDDIN SK RESIDENT OF VILLAGE KODOMTOLA PART III PS BILASIPARA DIST DHUBRI ASSAM 3: SOFIQUL HOQUE @ BACCHU S/O LATE JORIPUDDIN SK RESIDENT OF VILLAGE KODOMTOLA PART III PS BILASIPARA DIST DHUBRI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM ------------ Advocate for : MR S J CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 Case No. : Crl.A./404/2024 ABDUL SAMAD AND 2 ORS S/O LATE JORIPUDDIN SK, RESIDENT OF VILLAGE KODOMTOLA PART III, PS BILASIPARA, DIST DHUBRI, ASSAM 2: BABLU SEIKH S/O LATE JORIPUDDIN SK RESIDENT OF VILLAGE KODOMTOLA PART III PS BILASIPARA DIST DHUBRI ASSAM 3: SOFIQUL HOQUE @ BACCHU S/O LATE JORIPUDDIN SK RESIDENT OF VILLAGE KODOMTOLA PART III PS BILASIPARA DIST DHUBRI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR S J CHOUDHURY, MR A SHORIF,MS N BEGUM Advocate for the Respondent : PP, ASSAM, MR A.K. MOLLAH (INFORMANT),MR. R I MONDAL (INFORMANT),MR. M HUSSAIN (INFORMANT) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.01.2025 Heard the learned sr. counsel Mr. Z. Kamar assisted by Mr. P. D. Choudhury, learned counsel appearing for the applicants as well as Mr. D. Das, learned Additional Public Prosecutor appearing for the State of Assam and Mr. M. Hossain, learned counsel appearing for the Page No.# 3/3 informant. 2. This is an application u/s 430 of the BNSS, 2023 praying for suspension of sentence and for allowing the applicants to go on bail. 3. I have gone through the impugned judgment. After perusing the judgment, this Court is of the opinion that at this stage, the sentence imposed upon the applicants on 26.09.2024 by the learned Addln. Sessions Judge, Bilasipara, Dhubri in Sessions Case No. 77/2019 needs to be suspended. 4. Accordingly, the sentence imposed upon the applicants by the learned Addln. Sessions Judge, Bilasipara, Dhubri, in Sessions Case No. 77/2019 shall remain stayed till disposal of the appeal. 5. The applicants, Abdul Samad, Bablu Seikh & Sofiqul Hoque @ Bacchu shall be allowed to go on bail of Rs. 25,000/- each with sureties of like amount to the satisfaction of the learned Addln. Sessions Judge, Bilasipara, Dhubri. With the aforesaid direction, the interlocutory application stands disposed of. JUDGE Comparing Assistant