In CA No. 1239/2024, the Gauhati High Court rejected an application for suspension of sentence based on eyewitness testimony of the stabbing incident, noting the order is provisional pending final appeal hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010016722022
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1239/2024
SOBAHAN ALI S/O GAFUR ALI VILLAGE GASHPARA PS AND DIST DHUBRI ASSAM 783324
VERSUS
THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM
2:ASARUDDIN MANDAL S/O LATE MOYDAN ALI MANDAL
RESIDENT OF VILLAGE SASTHERGHAT PS AND DIST DHUBRI ASSAM 783324 -----------Advocate for : MR. B D KONWAR SR. ADV. Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR
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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE NCHUMBEMO MOZHUI
ORDER
16.09.2026
(M. Zothankhuma, J)
Heard Mr. B.D. Konwar, learned Senior Counsel for the applicant/appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor.
On considering the evidence of the eyewitnesses who stated that they had seen the applicant stabbing the victim, who eventually died due to his injuries, we are not inclined to allow the present application for suspension of the sentence being undergone by the applicant, pursuant to the impugned judgment dated 17.12.2021 passed by the Sessions Judge, Dhubri in Sessions Case No. 133/2015.
The application is accordingly rejected.
The observations and findings of this order shall not be construed to be the final observations and findings of this Court at the time of final hearing of the appeal.
JUDGE JUDGE
Comparing Assistant
2 issues framed by the court
Whether the High Court should allow a suspension of sentence application.
Whether the high court order constitutes a final decision pending appeal hearing.
Sobahan Ali s/o Gafur Ali
The State of Assam
Michael Zothankhuma
Nchumbuemo Mozhui
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
