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2025 DAILYLAW 26725 (GAU)

MD INTAZ ALI ALIES IMTAZ ALI v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/1288/2025 · 2025-12-03

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010260072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : I.A.(Crl.)/1288/2025 MD INTAZ ALI ALIES IMTAZ ALI S/O LATE MUKBUL HUSSAIN RO- NO 2 MARAJAN PO - NAOJAN PS- SARUPATHAR DIST - GOLAGHAT VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:SRI MANUJ KUMAR AGARWALLA S/O LATE MADAN LAL AGARWALLA R/O - WARD NO 2 SARUPATHAR TOWN PO- SARUPATHAR PS- SARUPATHAR DIST - GOLAGHAT ASSAM ------------ Advocate for : ALHAJJ I UDDIN Advocate for : appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 04.12.2025 Page No.# 2/3 1. Heard learned counsel Mr. A. I. Uddin for the petitioner Md. Intaz Ali @Imtaz Ali who has filed this application under Sections 438/442 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Article 227 of the Constitution of India. 2. The petitioner is aggrieved by the judgment and order dated 31.10.2025 passed by the learned Sessions Judge, Golaghat in Criminal Appeal No. 24/2023, and the judgment and order dated 17.08.2023 passed by the learned Sub-Divisional Judicial Magistrate (M), Dhansiri at Sarupathar, Golaghat in connection with CR(NI) Case No. 01/2021, convicting the petitioner under Section 138 of the NI Act and sentencing him to undergo simple imprisonment for a period of six months and to pay a fine of RS. 3,80,830/-. 3. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the respondent State. 4. The petitioner has prayed for suspension of the operation of the impugned order of conviction and sentence and also to remain on previous bail. It is also submitted that the Annexure-8 of the Crl.Rev.P. No. 510/2025, is a downloaded copy of the order dated 03.05.2024, whereby 20% of the compensation amount has been deposited by the petitioner in the Appellate Court. As 20% of the compensation amount has already been deposited, the prayer for suspension of the impugned order of conviction and sentence remains suspended until further orders and the petitioner is also allowed to remain on previous bail until further orders. 5. In terms of the above observation, this IA stands disposed of. JUDGE Page No.# 3/3 Comparing Assistant