Allowed¶16

Barkat Ali v. The State of Ap

Gauhati HC16 Mar 2025IA(Crl)/95/2024

Case brief

AI extract

What is this about?

Gauhati High Court Itanagar Bench; IA(Crl)/95/2024; 17.03.2025; Justice Parthivjyoti Saikia; suspension of sentence; Section 430(1) BNSS 2023; bail granted; bail bond Rs.25,000/- with surety of like amount; Sessions Case No.13/2017; Sessions Judge Pasighat; connected appeal; age determination enquiry; applicant aged 15 years 11 months 15 days on day of occurrence; IA(Crl.)103(AP)2024 order dated 12.12.2024; Md. Barkat Ali; Arunachal Pradesh; Additional Public Prosecutor T. Ete; advocate J. Tsering.

What did the court decide?

Stay of the 10-year rigorous imprisonment sentence till disposal of the connected appeal, and release on bail on furnishing a bail bond of Rs.25,000/- with a surety of like amount, subject to terms and conditions to be imposed by the learned Sessions Judge, Pasighat. ¶16

Barkat Ali Vs The State of Ap — Gauhati HC (2025) — LawSathi Research

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Page No.# 1/3

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GAHC040016812024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/95/2024

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Barkat Ali Age: 38 Occupation : Address:Son of Shri Abdul Salam Ali a resident of Gandhi Nagar (2 No. Gali) PO and PS Silapathar Dhemaji District Assam. VERSUS The State of AP Age: 0 Occupation : Address:represented by the PP of AP Advocate for the Petitioner : J Tsering, Advocate for the Respondent : P P of AP,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 17.03.2025

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Heard Mr. J. Tsering, learned counsel for the applicant and Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

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This application has been filed under Section 430(1) of the BNSS, 2023, praying for suspension of sentence and for granting bail to the applicant.

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The applicant, namely, Md. Barkat Ali, was convicted by the Court of Sessions at Pasighat in Sessions Case No.13/2017, and was sentenced to undergo rigorous imprisonment of 10 (ten) years.

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During the pendency of the appeal, the appellant/applicant pleaded that he was a juvenile on the day of occurrence. By the order dated 12.12.2024, passed in IA(Crl.)103(AP)2024, this Court directed the learned Sessions Judge, Pasighat to determine the age of the appellant/applicant. The learned Sessions Judge, after an enquiry, held that the applicant was 15 years 11 months and 15 days old on the day of occurrence.

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I have considered the submissions made by the learned counsels for both the sides.

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Under the given circumstances, it is hereby directed that the sentence imposed upon the applicant, Md. Barkat Ali by the learned Sessions Judge, Pasighat in Sessions Case No.13/2017, shall remain stayed till disposal of the connected appeal.

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Accordingly, the applicant, namely, Md. Barkat Ali is allowed to go on bail on furnishing a bail bond of Rs.25,000/-(Rupees Twenty five thousand) only, with a surety of like amount to the satisfaction of the learned Sessions Judge, Pasighat, on the terms and conditions that may be imposed by the learned Sessions Judge, Pasighat.

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With the aforesaid direction, the I.A. stands disposed of.

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JUDGE

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Comparing Assistant

Barkat Ali v. The State of Ap

Case brief

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Barkat Ali v. The State of Ap

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