Page No.# 1/4 GAHC010024982025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/172/2025 DHANANJOY KAR S/O. SRI DHIRENDRA KAR R/O. H/NO. 4 BISHNUPUR P/O. BISHNUPUR P/S. AND DIST. DHEMAJI ASSAM. 2: TAPESH DAS S/O. LT. NARESH DAS R/O. H/NO. 3 BISHNUPUR P/O. BISHNUPUR P/S AND DIST. DHEMAJI ASSAM. 3: RAJIB DAS S/O. NARESH DAS R/O. H/NO. 3 P/O. BISHNUPUR P/S AND DIST. DHEMAJI ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM 2:SARATHI SING @ SARATI R/O. H/NO. 4 P/O. BISHNUPUR P/S. AND DIST. DHEMAJI. ------------ Advocate for : MR M SAHEWALLA Page No.# 2/4 Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Crl.A./69/2025 DHANANJOY KAR AND 2 ORS S/O. SRI DHIRENDRA KAR, R/O. H/NO. 4, BISHNUPUR, P/O. BISHNUPUR, P/S. AND DIST. DHEMAJI, ASSAM. 2: TAPESH DAS S/O. LT. NARESH DAS R/O. H/NO. 3 BISHNUPUR P/O. BISHNUPUR P/S AND DIST. DHEMAJI ASSAM. 3: RAJIB DAS S/O. NARESH DAS R/O. H/NO. 3 P/O. BISHNUPUR P/S AND DIST. DHEMAJI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM 2:SARATHI SING @ SARATI R/O. H/NO. 4 P/O. BISHNUPUR P/S. AND DIST. DHEMAJI Advocate for the Petitioner : MR M SAHEWALLA, MR. P BORA,MS K BHATTACHARYYA,MS K SARMA Advocate for the Respondent : PP, ASSAM, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 15.12.2025 (M. Zothankhuma, J) Heard Mr. P. Bora, learned Sr. Counsel assisted by Mr. H.K. Sarma, learned counsel for the applicants. Also heard Ms. B. Bhuyan, learned Sr. Counsel and Addl. P.P., Assam appearing for the State. 2. This is an application under Section 430 BNSS for suspending the sentence awarded to the applicants, pursuant to their conviction under Sections 147/148/ 449/302/149 of IPC, vide the impugned judgment dated 13.12.2024, passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 106/2013. 3. The applicants’ counsel submits that PW-6 has developed her statement under Section 164 Cr.P.C, inasmuch as, the applicants herein were nowhere mentioned by PW-6 in her statement under Section 164 Cr.P.C. 4. On the other hand, Ms. B. Bhuyan, Addl. P.P submits that PW-6 has not been cross-examined and/or given any suggestion, with regard to any development being made in her 164 Cr.P.C. statement. As such, the plea of the applicants’ counsel cannot have any force at the stage of considering an application under Section 430 BNSS, as the only requirement of the Court is to have a prima facie case, with regard to whether the applicants were guilty of having committed the crime. Page No.# 4/4 5. On considering the fact that the applicants had not questioned the statement made under Section 164 Cr.P.C. by PW-6, during her cross- examination and as there are many eyewitnesses to the crime in question, we are not inclined to allow the present application at this stage. 6. The I.A. is accordingly dismissed. 7. We have not made any observation or finding with regard to the merits of this case in this order and any findings or observations that may have been made, will not be taken to be the final observations or findings at the time of hearing the appeal. JUDGE JUDGE Comparing Assistant