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2026 DAILYLAW 11317 (GAU)

MD JAMIR ALI v. THE STATE OF ASSAM AND ANR.

I.A.(Crl.)/738/2026 · 2026-07-27

Shamima Jahan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010152282026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/738/2026 MD JAMIR ALI S/O LATE SAHED ALI VILL. NO. 1 DOLABARI P.S. TEZPUR DIST. SONITPUR ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP ASSAM 2:MD SAIDUR RAHMAN S/O MUSTAFA RAHMAN VILL. NO. 1 DOLABARI P.S. TEZPUR DIST. SONITPUR ASSAM ------------ Advocate for : MOTIUR RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.07.2026 Heard Mr. A.S. Tapader, learned Counsel for the appellant and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the appellant has prayed for suspension of sentence and for allowing him to go on bail. The appellant was convicted and sentenced under Section 326/307 of the IPC by the learned Additional Sessions Judge, FTC, Sonitpur, Tezpur, Assam in Sessions Case No. 153/2019. Under Section 430 of the BNSS, 2023, it is provided that pending disposal of the appeal preferred by the convicted person, this Court can suspend the sentence and release the convicted person on bail and it is further provided under Sub-Section 3 that where the sentence of imprisonment is not more than three years and that the person is on bail, when the sentence was imposed, the convicted person can be released on bail unless there are special reasons for refusing bail. It is also provided that the Trial Court would allow bail of such a convicted person to afford him opportunity to present an appeal and obtain orders from the Appellate Court under Sub-Section 1 of the said section. It is noticed that the appellant was convicted only for a period of one year in the instant case and as such this Court finds it fit to suspend the sentence given by order dated 19.06.2026 by the Additional Sessions Judge, FTC, Sonitpur, Tezpur, Assam and the petitioner be released on bail on furnishing of bail bond of Rs. 20,000/- with one local surety to the satisfaction of the Additional Sessions Judge, FTC, Sonitpur, Tezpur, Assam. Page No.# 3/3 3. The I.A. is disposed of. JUDGE Comparing Assistant