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2025 DAILYLAW 28168 (GAU)

MOMATAJ ALI ALIAS MAMTAZ ALI v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/855/2025 · 2025-10-30

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/2 GAHC010175602025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/855/2025 MOMATAJ ALI ALIAS MAMTAZ ALI S/O LATE RAHAM ALI R/O VILL- NO. 1 NAHARBARI, P.S. MAZBAT, DIST. UDALGURI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:ATUL DAS S/O LATE RAJAT DAS R/O VILL- PUB GHAGRAPARA P.S. TANGLA DIST. UDALGURI ASSAM PIN- 78452 Advocate for the Petitioner : MR. M A MONDAL, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 31-10-2025 Heard Mr. M.A. Mondal, learned counsel for the applicant. Page No.# 2/2 This I.A. has been preferred seeking bail for the appellant/applicant Momataj Ali @ Mamtaz Ali who was convicted under Sections 454/380 IPC and sentenced him to undergo rigourous imprisonment for 1 [one] year and to pay fine of Rs.5,000/-, in default, to suffer 1[one] month simple imprisonment for the offence under Section 454 IPC and also rigorous imprisonment for 6 [six] months and fine of Rs.2,000/-, in default, to suffer 15 [fifteen] days simple imprisonment for the offence under Section 380 IPC and the learned Appellate Court reduced and modified the sentence of the petitioner under Section 454 IPC to under rigous imprisonment for a period of 4 [four] months and a fine of Rs.2,000/-, in default, to suffer simple imprisonment for 1 [one] month and also rigourous imprisonment for 6 [six] months and fine of Rs.1000/-, in default, to 15 [fifteen] days for the offence under Section 380 IPC and both the sentences shall run concurrently. It appears that vide order dated 08.10.2024, this Court had allowed the petitioner to remain on previous bail. It is submitted that due to non-communication of the aforesaid order dated 08.10.2024, NBWA has been issued against the petitioner, whereafter, the petitioner was taken into custody on 19.05.2025 and since then he is behind the bar. Having regard to the above, it is directed that the petitioner/applicant named above shall be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) with a suitable surety of the like amount to the satisfaction of the learned trial Court. I.A. stands disposed of. JUDGE Comparing Assistant