Page No.# 1/3 GAHC010196852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1368/2025 JAMALUDDIN AHMED S/O SAIMUDDIN AHMED RESIDENT OF VILLAGE GARAKHAT PO DALGAON PS DALGAON DIST DARRANG ASSAM 784112 VERSUS BINUD GOYARI S/O LATE BANDURAM GOYARI RESIDENT OF VILLAGE PADMAPUR PO SIDLI PS SIDLI DIST CHIRANG BTR ASSAM ------------ Advocate for : MR. A R SHOME Advocate for : appearing for BINUD GOYARI BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 19.12.2025 Heard Mr. A.R. Shome, learned counsel for the applicant-revision petitioner. Page No.# 2/3 2. The instant interlocutory application under Section 438, Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred seeking suspension of execution of the sentence passed against the applicant-revision petitioner and for his release on bail. 3. The applicant as the revision petitioner has preferred the accompanying criminal revision petition against a Judgment and Order dated 15.05.2025 passed by the Court of Sessions Judge, Chirang at Kajalgaon [‘the Appellate Court’, for short] in Criminal Appeal no. 14 of 2025. By the Judgment and Order dated 15.05.2025, the Appellate Court partly allowed the criminal appeal preferred by the revision petitioner as the appellant against a Judgment and Order dated 30.01.2025 passed by the Court of Additional Chief Judicial Magistrate, Chirang, Kajalgaon [‘the Trial Court’] in N.I.C.R. Case no. 15/2022. 4. The fine amount imposed by the Trial Court affirmed by the Appellate Court is Rs. 2,00,000/-. 5. I have gone through the materials on record including the Judgment and Order passed by the Trial Court as well as by the Appellate Court. Having gone through the same, this Court has not found any good and sufficient reason to waive or reduce the statutory deposit required as per the provisions of Section 148[1] of the N.I. Act. 6. It is, therefore, ordered that execution of suspension of the sentence passed against the applicant-revision petitioner shall remain suspended pending Page No.# 3/3 disposal of the accompanying criminal revision petition, subject to deposit of 20% of the fine amount within a period of 60 days from today before the Trial Court. It is further observed that the applicant-revision petitioner is to be released on bail subject to furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court in the meantime. It is also observed that in the event of failure on the part of the applicant-revision petitioner to deposit the amount directed, within the period prescribed, continuation of the Order regarding suspension would be reconsidered. 7. The applicant-revision petitioner shall place a receipt regarding deposit of the amount after expiry of 60 days. JUDGE Comparing Assistant