Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/82/2025 MD MAKIBUL ALI S/O NASIMUDDIN ALI, VILLAGE UTTAR KALKHOLA PS PANERI DISTRICT UDALGURI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. A AHMED, MR H R A CHOUDHURY,MR F HAQUE,U U KHAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER Date : 10.04.2025
1. Heard Mr. A. Ahmed, learned counsel for the applicant. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State of Assam.
2. This is an application filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for suspension of sentence and for allowing the
Page No.# 2/2 applicant to go on bail.
3. The applicant Md. Makibul Ali was convicted and sentenced by the learned Sessions Judge, Udalguri in Sessions Case (T-II) No.26/2023.
4. I have considered the submissions made by learned counsel for both the sides.
5. I have gone through the evidence of the victim girl and the impugned
Judgment.
6. The prayer of the applicant is allowed.
7. It is hereby directed that the sentence imposed upon the applicant Md. Makibul Ali by the learned Sessions Judge, Udalguri in Sessions Case (T-II) No.26/2023 shall remain suspended till disposal of the connected appeal.
8. The applicant Md. Makibul Ali shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Udalguri.
9. The I.A. stands disposed of.
JUDGE Comparing Assistant