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2025 DAILYLAW 26541 (GAU)

ABED KHAN v. THE STATE OF ASSAM

I.A.(Crl.)/1276/2025 · 2025-12-01

Susmita Phukan Khaund

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010261802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1276/2025 ABED KHAN S/O LATE RUSTOM ALI R/O VILL. KAWATIKA P.O. AND P.S. BIJNI PIN 783390 DIST. CHIRANG ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM ------------ Advocate for : MR. S C BISWAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 02.12.2025 Learned counsel Mr. S. C. Biswas is present for the applicant, who has filed this application under Section 430 of the BNSS, read with Section 438 of the BNSS, 2023, with prayer for bail and during the pendency of the connected appeal as well as suspension of Page No.# 2/2 sentence. Vide Judgment & Order dated 21.12.2024 in PRC Case No. 158/2022, the applicant was convicted under Section 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and sentenced to undergo simple imprisonment for a period of 1 (one) year and a fine of Rs. 2000/- with default stipulation and vide Judgment & Order dated 03.11.2025 in Criminal Appeal No. 01/2025, this order of the learned trial court has been upheld by the learned appellate court. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent, Assam. I have considered the submissions at the bar. Considering all aspects, the applicant is granted bail of Rs. 10,000/- with a suitable surety of like amount to the satisfaction of the learned trial court, who may also impose conditions which the court deems fit and appropriate. Meanwhile, call for the original records from the learned trial court as well as the learned appellate court. The operation of the impugned conviction and sentence is stayed until further orders. In terms of the above observations, the Interlocutory Application stands disposed of. JUDGE Comparing Assistant