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2025 DAILYLAW 6439 (GAU)

SARIFUDDIN SK @ SHORIFUDDIN SK v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/74/2025 · 2025-04-07

Parthivjyoti Saikia

Criminal Appealbody2025

Judgment text

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Page No.# 1/2 GAHC010015512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/74/2025 SARIFUDDIN SK @ SHORIFUDDIN SK S/O MD. ABDUL BATEN R/O VILL-MAYAR CHAR PT.IV P.S. BILASIPARA DIST.DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:FASHIUDDIN AHMED S/O ASHRAT ALIAHMED VILL- BORTALOWA P.O.DHALIGAON P.S. KAJALGAON DIST.CHIRANG BTAD ASSAM ------------ Advocate for : MR. M KHAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 08.04.2025 Heard Mr. A. K. Das, learned counsel for the applicant as well as Ms. A. Begum, learned Additional Public Prosecutor, Assam. This is an application filed under Section 438(1) of the BNSS, 2023 praying for suspension of sentence. The applicant Md. Sarifuddin Sk. @ Shorifuddin Sk. was convicted and sentenced by the learned Additional Chief Judicial Magistrate, Chirang at Kajalgaon in PRC No. 143/2021. Petitioner was sentenced to ungergo rigorous imprisonment for 2 (two) years. The said conviction was affirmed by the learned Additional Sessions Judge, Chirang at Kajalgaon in Criminal Appeal No. 12/2024. I have gone through the judgment under challenge. Also, I have considered the submissions made by learned counsel for both the sides. This court is of the opinion that the prayer made by the applicant deserves to be accepted at this stage. Accordingly, it is hereby directed that the sentence imposed upon the applicant on 30.10.2024 by learned Additional Chief Judicial Magistrate, Chirang at Kajalgaon in PRC No. 143/2021 which was affirmed by the learned Additional Sessions Judge, Chirang at Kajalgaon in Criminal Appeal No. 12/2024 on 05.08.2024 shall remain stayed till disposal of the connected appeal. With the above, the interlocutory application is disposed of. JUDGE Comparing Assistant