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2026 DAILYLAW 5988 (GAU)

SRI AMIT SAH v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/529/2026 · 2026-05-19

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010097752026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/529/2026 SRI AMIT SAH S/O SRI SRI KAMESWAR SAH RO - BALUGADA SAH COLONY TINSUKIA P.S - TINSUKIA DIST - TINSUKIA ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY LEARNED P.P ASSAM 2:SRI MANOJ KUMAR SAH S/O SRI HARINDAR SAH RESIDENT OF BULUGAGDA SAH COLONY TINSUKIA P.S AND P. O - TINSUKIA PIN - 786125 ------------ Advocate for : MR. N HASAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Linked Case : Case No. : Crl.Pet./694/2026 SRI AMIT SAH S/O SRI SRI KAMESWAR SAH, RO - BALUGADA SAH COLONY, TINSUKIA, P.S - TINSUKIA, DIST - TINSUKIA, ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED P.P ASSAM 2:SRI MANOJ KUMAR SAH S/O SRI HARINDAR SAH RESIDENT OF BULUGAGDA SAH COLONY TINSUKIA P.S AND P. O - TINSUKIA PIN - 78612 Advocate for the Petitioner : MR. N HASAN, MR SUBHRAJIT SAIKIA,MR. A HASAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.05.2026 Heard Mr. N Hasan, the learned counsel appearing for the applicant. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application praying for suspension of sentence and for allowing the applicant to go on fresh bail. 3. Mr. Goswami has pointed out that the trial court record is required for consideration of this application. 4. I have also considered the submissions made by the learned counsels of both sides. The prayer of the petitioner is allowed. Page No.# 3/3 5. The applicant was sentenced to undergo rigorous imprisonment for five years and also to pay fine of ₹10,000/- by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Sivasagar in Special (POCSO) Case No.26/2019. 6. I have gone through the judgment passed by the trial court. 7. It is hereby directed that the sentence imposed upon the applicant, Amit Sah by the learned Chief Judicial Magistrate, Tinsukia in G R Case No.149/2018 affirmed by the learned Additional Sessions Judge, Tinsukia in Criminal Appeal 25(3)/2024 shall remain suspended till disposal of the connected Criminal Petition. 8. The applicant, namely, Amit Sah is allowed to go on bail of ₹25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Tinsukia. 9. With the aforesaid direction, the Interlocutory Applications is disposed of. JUDGE Comparing Assistant