Page No.# 1/5 GAHC010150022026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./256/2026 SRI MANOJ BHAGAT AND 4 ORS. S/O LATE HARDUAR BHAGAT. RESIDENTS OF VILLAGE NO. 2 PETULIBARI, P.O. CHARIALI, P.S. BISWANATH CHARIALI, DISTRICT BISWANATH, ASSAM 784176 2: SRI MOINA GOGOI S/O LATE MANESWAR GOGOI RESIDENTS OF VILLAGE NO. 2 PETULIBARI P.O. CHARIALI P.S. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM 784176 3: SRI BIRU YADAV S/O. LT. RAMASIS YADAV RESIDENTS OF VILLAGE NO. 2 PETULIBARI P.O. CHARIALI P.S. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM 784176 4: SRI TAPAN BORAH S/O. LT. SRI DINAI BORAH RESIDENTS OF VILLAGE NO. 2 PETULIBARI P.O. CHARIALI P.S. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM 784176 5: ANUP NARZARY S/O. LT. LOCHAN NARZARY RESIDENTS OF VILLAGE NO. 2 PETULIBARI P.O. CHARIALI P.S. BISWANATH CHARIALI DISTRICT BISWANATH Page No.# 2/5 ASSAM 78417 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MUSTT. JAYFUL KHATUN W/O MD. ABDUL KHAYER R/O VILLAGE BOLODANGA BISWANATH CHARIALI P.O. CHARIALI P.S. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM 784176 Advocate for the Petitioner : MR. P BORDOLOI, Advocate for the Respondent : PP, ASSAM, Linked Case : I.A.(Crl.)/725/2026 SRI MANOJ BHAGAT AND 4 ORS. S/O LATE HARDUAR BHAGAT.RESIDENTS OF VILLAGE NO. 2 PETULIBARI P.O. CHARIALI P.S. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM 784176. 2: SRI MOINA GOGOI S/O LATE MANESWAR GOGOI RESIDENTS OF VILLAGE NO. 2 PETULIBARI P.O. CHARIALI P.S. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM 784176 3: SRI BIRU YADAV S/O. LT. RAMASIS YADAV RESIDENTS OF VILLAGE NO. 2 PETULIBARI P.O. CHARIALI P.S. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM 784176 Page No.# 3/5 4: SRI TAPAN BORAH S/O. LT. SRI DINAI BORAH RESIDENTS OF VILLAGE NO. 2 PETULIBARI P.O. CHARIALI P.S. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM 784176 5: ANUP NARZARY S/O. LT. LOCHAN NARZARY RESIDENTS OF VILLAGE NO. 2 PETULIBARI P.O. CHARIALI P.S. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM 784176 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP ASSAM 2:MUSTT. JAYFUL KHATUN W/O MD. ABDUL KHAYER R/O VILLAGE BOLODANGA BISWANATH CHARIALI P.O. CHARIALI P.S. BISWANATH CHARIALI DISTRICT BISWANATH ASSAM 784176. ------------ Advocate for : MR. P BORDOLOI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 06.08.2026 Heard Mr. P. Bordoloi, learned counsel for the appellants. Also heard Ms. S. H. Bora, learned APP for the State respondent. Judgment, dated 06.07.2026, passed by the learned Sessions Judge, Biswanath Page No.# 4/5 Chariali, in Sessions Case No. 08/2022, is being challenged in this Criminal Appeal, under Section 415(2) of the BNSS, 2023. It is to be noted here that vide impugned Judgment, dated 06.07.2026, the learned Trial Court has convicted the appellants herein to suffer simple imprisonment for a period of one year and also to pay a fine of Rs. 1000/- each with default stipulation under Section 323 IPC and also, sentenced them to suffer simple imprisonment for a period of one year and also to pay a fine of Rs. 1000/- each, with default stipulation under Section 342 IPC and further directed that both the substantive sentences shall run concurrently. Perused the memo of appeal and the grounds mentioned therein and also perused the impugned Judgment dated 06.07.2026. Admit. Issue notice to the respondents, returnable in 4 (four) weeks. However, no formal notice is required to be issued to the respondent No. 1, since Ms. Bora has entered appearance and received notice on behalf of the respondent No. 1. But, extra requisite copy of the memo of appeal be furnished to her during the course of the day. Steps upon respondent No. 2 be taken by speed post and also by usual process, within a week from today. Registry shall call for the record from the learned Court below. Mr. Bordoloi, learned counsel for the appellants submits that since the period of sentence ordered to be suffered by the appellants is 1 (one) year only, the said sentence may be suspended, till disposal of this appeal. Accordingly, taking note of the submission of the learned counsel for the Page No.# 5/5 appellants and also considering the fact that the appeal has already been admitted for hearing and the record has been called for, the impugned sentence, so handed down by the impugned Judgment dated 06.07.2026, stands suspended, till disposal of this appeal. In view of the order passed in this Criminal Appeal, the interlocutory application filed by the applicants for suspension of the sentence, stands closed. The appellants are allowed to remain on previous bail. JUDGE Comparing Assistant