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2025 DAILYLAW 25680 (GAU)

RIAZ UDDIN AND ANR. v. THE STATE OF ASSAM

I.A.(Crl.)/1271/2023 · 2025-10-29

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/2 GAHC010281362023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1271/2023 RIAZ UDDIN AND ANR. S/O LT. INTAJ ALI VILL.- KHAGAIL (GHATAIL) P.O.- JADUTILA P.S. AND DIST.- KARIMGANJ ASSAM PIN- 788720. 2: RAHENA BEGUM W/O RIAZ UDDIN VILL.- KHAGAIL (GHATAIL) P.O.- JADUTILA P.S. AND DIST.- KARIMGANJ ASSAM PIN- 788720. VERSUS THE STATE OF ASSAM REP. BY THE P.P. ASSAM. ------------ Advocate for : MR B SINHA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA Page No.# 2/2 ORDER Date : 30.10.2025 None appears for the petitioners on call. However, Mr. B. Sarma, learned Addl. P.P. for the State is present. 2. In this application, under Section 389 of the Cr.P.C., the applicants have prayed for suspension of sentence and to enlarge them on bail. 3. From the record it appears that the petitioner has already under gone half of the sentence of 4 years R.I. imposed upon him. 4. Keeping in view that principles laid down by the Hon’ble Supreme Court in the case of Bhagwam Rama Shinde Gosai and Ors Vs. State of Gujarat reported in (1999) 4 SCC 421 and Kiran Kumar Vs. State of M.P., reported in (2001) 9 SCC 211 in the opinion of this Court, it is a fit case to suspend the reminder of the sentence. It is accordingly so ordered. It is further directed that the petitioner shall be released on bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned trial Court. 5. It is provided that in the event of the instant appeal be dismissed the petitioner shall surrender before the learned trial Court to serve out the remaining part of the sentence. 6. Accordingly the I.A. stands disposed of. 7. List the appeal for hearing in its usual course. JUDGE Comparing Assistant