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2025 DAILYLAW 2475 (GAU)

IDRISH ALI v. THE STATE OF ASSAM

I.A.(Crl.)/1118/2025 · 2026-01-21

Rajesh Mazumdar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010196522025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1118/2025 IDRISH ALI S/O - LATE SUKUR ALI R/O - VILL - SINGLIMARI P.S. - PATACHARKUCHI DIST - BAJALI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM 2:DILIP KUMAR SAIKIA INSPECTOR OF POLICE DISPUR POLICE STATION GUWAHATI - 06 ------------ Advocate for : MD MIJAJUL HOQUE Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 22.01.2026 Heard Mr L R Mazumder, learned counsel for the applicant/appellant, Mr K K Das, Page No.# 2/3 learned Additional Public Prosecutor for the State of Assam, and Mr B Sarma, learned Special Public Prosecutor for the Forest Department. 2. The learned counsel for the applicant has submitted that the co-convict has been granted the benefit of suspension of the sentence passed in the Judgment and Order dated 13.06.2025, passed by the learned Sessions Judge, Baksa, at Mushalpur in Special WL(P) Case No. 12/2018, arising out of Goreswar PS Case No. 29/2016, convicting the appellant under Section 51 of the Wildlife (Protection) Act, 1972. 4. However, the learned Special Public Prosecutor and the Additional Public Prosecutor have objected to the bail prayer for suspension of sentence. 5. However, given the facts and circumstances of the case, since the criminal appeal is already admitted for hearing, this Court is of the opinion that the applicant may be allowed to go on bail. Accordingly, the sentence imposed on the applicant/appellant in Special WL(P) Case No. 12/2018, by the learned Sessions Judge, Baksa, Mushalpur, vide order dated 13.06.2025 is suspended, subject to the following conditions:- a) The applicant/appellant is directed to be released on bail on his furnishing a bond of Rs. 30,000/- with 2 (two) sureties of the like amount subject to the satisfaction of the learned Sessions Judge, Baksa at Mushalpur. b) The applicant/appellant on his being enlarged on bail is directed to report before the Sessions Judge, Baksa at Mushalpur, on all Mondays and Fridays, at 10:00 am, till the disposal of the appeal, pending before this Court. c) The applicant/appellant shall not indulge in any forest related activities during the period of suspension of sentence. d) The Officer-In-Charge, Goreswar Police Station is directed to monitor the applicant/appellant and if they find the applicant/appellant involves in any criminal activities, the Officer-In-Charge, Goreswar Police Station is at liberty Page No.# 3/3 to bring it to the notice of the Court through the Public Prosecutor. e) The applicant/appellant shall not leave the territorial jurisdiction of the Court. f) In case of violation of any of the above conditions, the prosecution may ask for cancellation of bail. g) It is made clear that this Court has not delved into the merits of the appeal. 6. With the aforesaid observations, this Interlocutory Application stands disposed of. JUDGE Comparing Assistant