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2025 DAILYLAW 7242 (GAU)

GULNEHAR BEGUM AND ORS v. THE STATE OF ASSAM

I.A.(Crl.)/137/2025 · 2025-03-11

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010026582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/137/2025 GULNEHAR BEGUM AND ORS D/O. LT. GIASUDDIN MAZUMDER, R/O. NO. 2 PIPAL PUKHIURI, P/S. LANKA, DIST. HOJAI, ASSAM. 2: JESHIM UDDIN @ PAPU BORBHUYAN S/O. LT. MANIKUR RAHMAN R/O. NO. 2 PIPAL PUKHIURI P/S. LANKA DIST. HOJAI ASSAM. 3: HILAL UDDIN S/O. LT. ABDUR RAHMAN R/O. VILL. MAZ UDALI P/S. LANKA DIST. HOJAI ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. V A CHOWDHURY, MR. A M BORA,FARIDUL AMIN,MS. C CHOUDHURY,M U BARBHUYAN,MR. D GAGAI Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 12.03.2025 Heard Mr. A M Bora, learned senior counsel for the applicants, assisted by Mr. D. Gogoi, Advocate. Also heard Mr. K Baishya, learned Additional Public Prosecutor, Assam. This is an application filed under Section 430 of the BNSS,2023 praying for suspension of sentence. The applicants were convicted on 22.11.2024 by the learned Sessions Judge, Hojai at Sankardev Nagar in Sessions Case No. (1) 18 of 2021. The applicants were awarded sentence of 10 (ten) years. I have gone through the judgment. A Doctor of a hospital was assaulted by some persons due to death of their relative in the hospital. After considering the evidence available in the record, it is hereby directed that the sentence imposed upon the present applicants by the learned Sessions Judge, Hojai at Sankardev Nagar in Sessions Case No. (1) 18 of 2021 shall remain suspended till disposal of the connected appeal. Accordingly, the applicants, namely, (1) Gulnehar Begum; (2) Jeshim Uddin @ Papu Borbhuyan; and (3) Hilal Uddin are allowed to go on bail of Rs. 25,000/- each with one surety of like amount to the satisfaction of the learned Sessions Judge, Hojai at Sankardev Nagar in connection with Sessions Case No. (1) 18 of 2021. The IA(Crl) stands disposed of. JUDGE Comparing Assistant