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2025 DAILYLAW 7391 (GAU)

SRI SABEN DAS v. THE STATE OF ASSAM

I.A.(Crl.)/144/2025 · 2025-04-22

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010028792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/144/2025 SRI SABEN DAS S/O. SRI BABUL DAS R/O. VILL.- SOURAMURI P/S. KAYAN DIST.-KAMRUP ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM. 2:BIJAY BARMAN S/O. SRI PRAMOD BARMAN R/O. VILL.- SOURAMURI P/S.- KAYAN DIST.- KAMRUP ASSAM ------------ Advocate for : MR. K ISLAM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Case No. : Crl.A./61/2025 SRI SABEN DAS S/O. SRI BABUL DAS, R/O. VILL.- SOURAMURI , P/S. KAYAN, DIST.- KAMRUP, ASSAM. Page No.# 2/3 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM. 2:BIJAY BARMAN S/O. SRI PRAMOD BARMAN R/O. VILL.- SOURAMURI P/S.- KAYAN DIST.- KAMRUP ASSAM Advocate for the Petitioner : MR KHAIRUL ISLAM, MR A RASHID,MR M CHETIA,MR T H HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 23.04.2025 Heard the learned counsel Mr. T H Hazarika appearing for applicant. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 430 of the BNSS, 2023 praying for suspension of sentence imposed upon the applicant by the learned Additional Sessions Judge (FTC), Rangia in Sessions Case No. 08/2020 as well as for allowing him to go on bail. 3. The applicant Sri Saben Das was convicted and sentenced by the learned Additional Sessions Judge (FTC), Rangia in Sessions Case No.08/2020. 4. I have considered the submissions made by the learned counsel of both sides. 5. After going through the evidence of the victim girl as well as her statement that was recorded under Section 164 of the Cr.P.C and without expressing any opinion on the merit of this appeal, this Court is of the opinion that the prayer of the applicant deserves to be accepted. 6. Therefore, it is hereby directed that the sentence imposed upon the applicant Sri Page No.# 3/3 Saben Das by the learned Additional Sessions Judge (FTC), Kamrup, Rangia in Sessions Case No. 08/2020 shall remain suspended till disposal of the connected appeal. 7. The applicant, namely, Sri Saben Das shall be allowed to go on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge (FTC), Rangia. The IA stands disposed of accordingly. JUDGE Comparing Assistant