Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010191982026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/920/2026 ZAHIRUL HOQUE S/O- FEZLUL HOQUE R/O- GAURIPUR WARD NO.01 P.O. P.S.-GAURIPUR DIST.- DHUBRI ASSAM PIN- 783331. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P. ASSAM.
2:MANOJ DEKA S/O- LT. SIVA DEKA R/O- VILLAGE-CHUTIAPARA P.O.-BHELLAR P.S- TARABARI DIST- BARPETA ASSAM PIN-781309. ------------ Advocate for : MR. S A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN
ORDER 09.09.2026 Heard Mr S A Ahmed, learned counsel for the applicant and Ms S H Bora, learned Additional Public Prosecutor for the State of Assam.
Page No.# 2/2
2. By this application filed under Section 430 of the BNSS, 2023, the applicant has prayed for suspension of sentence and for granting bail to the applicant during the pendency of the instant criminal revision petition.
3. The learned counsel for the applicant/appellant submits that during the pendency of the appeal before the learned Sessions Judge, Barpeta, the applicant was allowed to remain on previous bail. He also submits that by order dated 07.04.2026, the applicant was allowed to remain on previous bail till disposal of the appeal. However, he submits that the appeal was disposed of on 27.07.2026 and the applicant was directed to surrender before the Trial Magistrate for serving out the sentence. However, it is noticed that the incarceration period was only for a period of one year and the applicant/appellant was directed a compensation of Rs. 4 lacs.
4. Seeing the period of incarceration, this Court deems it fit to suspend the sentence imposed upon the applicant vide judgment and order dated 08.12.2025 as well as vide
Judgment and order dated 27.07.2026. The applicant/appellant is allowed to go on bail on furnishing bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the learned Additional CJM, Barpeta.
5. The interlocutory application stands disposed of.
JUDGE Comparing Assistant