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Suren Hazarika and Anr. v. State of Assam and Anr.

Gauhati HC6 Aug 2025I.A.(Crl.)/787/2025

Case brief

AI extract

What is this about?

Suspension of execution of sentence; Section 430(2) BNSS 2023; bail pending appeal; Gauhati High Court; Manish Choudhury, J.; I.A.(Crl.)/787/2025; Criminal Appeal no. 270/2025; Sessions Case no. 45/2015; Sessions Judge Biswanath; conviction under Sections 341/447/34 IPC; S.323 r/w S.34 IPC; S.447 r/w S.34 IPC; rigorous imprisonment six months; fine Rs. 1,000/-; fine Rs. 500/-; bail bond Rs. 5,000/-; Suren Hazarika; Ujjal Hazarika; State of Assam; Dijen Borthakur; order dated 07.08.2025.

What did the court decide?

Execution of the sentences passed against the applicants-appellants suspended till the disposal of Criminal Appeal no. 270/2025; applicants-appellants released on bail on furnishing a bail bond of Rs. 5,000/- each with one surety of the like amount to the satisfaction of the Trial Court. ¶18

Suren Hazarika and Anr. Vs State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/3

GAHC010157932025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Crl.)/787/2025

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SUREN HAZARIKA AND ANR. SON OF LATE MULAN CHANDRA HAZARIKA

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2: UJJAL HAZARIKA SON OF LATE MULAN CHANDRA HAZARIKA BOTH ARE R/O VILLAGE PANIBHARAL P/S. BISWANATH CHARIALI DIST. BISWANATH ASSAM

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VERSUS

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STATE OF ASSAM AND ANR. REPRESENTED BY THE PP ASSAM 2:DIJEN BORTHAKUR SON OF LATE LAKHI BORTHAKUR RESIDENT OF VILLAGE BHIRGAON PANIBHARAL P/S. BISWANATH CHARIALI DIST. BISWANATH ASSAM

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Advocate for : MR. S BORUAH Advocate for : PP ASSAM appearing for STATE OF ASSAM AND ANR.

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 07.08.2025

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Heard Mr. K. Sarma, learned counsel for the applicants-appellants and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam.

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The instant application under Section 430[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred by the applicants-appellants seeking suspension of execution of the sentences passed against them and for their release on bail.

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The applicants as the appellants have preferred the accompanying criminal appeal, Criminal Appeal no. 270/2025 against a Judgment and Order dated 27.06.2025 passed by the Court of learned Sessions Judge, Biswanath, Biswanath Chariali [‘the Trial Court’, for short] in Sessions Case no. 45/2015. By the said Judgment and Order, the Trial Court has convicted the two accused-appellants for the offences under Sections 341/447/34, Indian Penal Code [IPC]. For the offence under Section 323, IPC read with Section 34, IPC, the two accusedappellants have been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for one month. For the offence under Section 447, IPC read with Section 34, IPC, the two accusedappellants have been sentenced to undergo rigorous imprisonment for one month and to pay a fine of Rs. 500/-, in default of payment of fine, to undergo simple imprisonment for fifteen days. The sentences are ordered to run concurrently.

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Having regard to the contentions raised and the period of sentences imposed upon the applicants-appellants, this Court is of the considered view that till the disposal of the appeal, which has already admitted for hearing, the execution of the sentences passed against the applicants-appellants can be suspended. Accordingly, it is ordered that the execution of the afore-stated sentences passed against the applicants-appellants shall remain suspended till the disposal of the appeal and the applicants-appellants are allowed to go on bail on

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furnishing a bail bond of Rs. 5,000/- each with one surety of the like amount to the satisfaction of the Trial Court.

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JUDGE

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Comparing Assistant

Suren Hazarika and Anr. v. State of Assam and Anr.

Case brief

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Suren Hazarika and Anr. v. State of Assam and Anr.

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