Safur Ali Vs the State of Assam and Anr. — Murder and Culpable Homicide | Gauhati HC (2025)

Safur Ali Vs the State of Assam and Anr. — Murder and Culpable Homicide | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Interim relief pending disposal of the accompanying criminal revision petition: suspension of execution of the sentences imposed by the Trial Court (Judgment and Order dated 11.09.2024) and affirmed by the Appellate Court (Judgment dated 24.06.2025), and release of the applicant-revision petitioner Safur Ali on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court.

Issue for consideration

Whether the execution of the sentence passed against the applicant-revision petitioner should be suspended and he released on bail pending disposal of the accompanying criminal revision petition.

Court's answer

Having regard to the grounds urged in the application and the accompanying criminal revision petition, and considering the sentences passed against the applicant-revision petitioner, the Court held that the applicant has made a prima facie case for interim relief.

Ratio / Principle

Pending disposal of the accompanying criminal revision petition (admitted for hearing), the sentences passed against the applicant-revision petitioner by the Judgment and Order dated 11.09.2024 of the Trial Court and affirmed by the Judgment dated 24.06.2025 of the Appellate Court shall remain suspended.

Key takeaways

The applicant-revision petitioner Safur Ali is to be released on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court.ratio¶4

Detailed headnote1 paragraphs

Suspension of sentence and release on bail pending criminal revision — Gauhati High Court (Manish Choudhury, J.), I.A.(Crl.)/832/2025, order dated 05.08.2025: Safur Ali, convicted under Sections 279, 338, 427 and 304[A] IPC by the Judicial Magistrate, First Class, Rangia in G.R. Case no. 1279/2013 (Judgment and Order dated 11.09.2024 — simple imprisonment 6 months and fine Rs. 1,000/- with default stipulation for each of Sections 279, 338 and 427 IPC; simple imprisonment 6 months for Section 304[A] IPC), whose appeal was dismissed by the Additional Sessions Judge, Rangia, Kamrup in Criminal Appeal no. 04/2024 (Judgment dated 24.06.2025), applied for suspension of execution of sentence and release on bail. Finding a prima facie case for interim relief, the Court ordered that, pending disposal of the accompanying criminal revision petition admitted for hearing, the Trial Court and Appellate Court sentences shall remain suspended, and directed release on a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court; the interlocutory application stands disposed of in those terms.

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GAHC010169892025

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

Case No. : I.A.(Crl.)/832/2025

SAFUR ALI S/O SIDDIQUE ALI R/O SATHAMOU P.S. GHOGRPAR DIST. NALBARI ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:SAJAL GUHA S/O LATE RABINDRA NATH GUHA R/O RANGIA TOWN P.S. RANGIA DIST. KAMRUP ASSAM -----------Advocate for : MR S M ABDULLAH P Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 05.08.2025

Heard Ms. F. Hussain, learned counsel for the applicant-revision petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite

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party no. 1, State of Assam.

The instant application is preferred seeking suspension of execution of the sentence passed against the applicant-petitioner and for his release on bail.

The applicant as the revision petitioner has preferred the accompanying criminal revision petition against a Judgment dated 24.06.2025 passed by the Court of learned Additional Sessions Judge, Rangia, Kamrup [‘the Appellate Court’, for short] in Criminal Appeal no. 04/2024 whereby the Appellate Court while dismissing the appeal, has affirmed the Judgment and Order dated 11.09.2024 of conviction and sentence passed by the Court of learned Judicial Magistrate, First Class, Rangia [‘the Trial Court’, for short] in G.R. Case no. 1279/2013. By the Judgment and Order dated 11.09.2024, the Trial Court has convicted the revision petitioner for the offences under Sections 279/338/427/304[A] of the Indian Penal Code [IPC]. For the offence under Section 279, IPC, the applicant-revision petitioner has been sentenced to suffer simple imprisonment for 6 months and to pay a fine of Rs. 1,000/-, with default stipulation. Similar sentences have been passed for the offences under Section 338, IPC and Section 427, IPC. For the offence under Section 304[A], IPC, he has been sentenced to undergo simple imprisonment for 6 months.

Having regard to the grounds urged in the instant application as well as the accompanying criminal revision petition and considering the sentences passed against the applicant-revision petitioner, this Court is of the considered view that the applicant has made a prima facie case for interim relief. Accordingly, it is ordered that pending disposal of the accompanying criminal revision petition which is admitted today for hearing, the sentences passed against the applicant-revision petitioner by the Judgment and Order dated

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11.09.2024 by the Trial Court and the Judgment dated 24.06.2025 by the Appellate Court shall remain suspended and the applicant-revision petitioner, Safur Ali is to be released on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court.

5. The interlocutory application stands disposed of in the afore-stated terms.

JUDGE

Comparing Assistant