Romjul Hussain Vs the State of Assam

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GAHC010022752020

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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.)/1326/2025

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ROMJUL HUSSAIN S/O- MD. ANCHAR ALI VILL GAMERIA P.S. R.K. NAGAR ASSAM DIST. KARIMGANJSRIBHUMI

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VERSUS

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THE STATE OF ASSAM REP BY THE PP ASSAM 2:PILMAN SURONG S/O- HOLI ROSMAT VILL.- SONAICHERRA PUNJI P.O. GAMARIA P.S. R.K. MAGAR DIST.- KARIMGANJ ASSAM PIN- 788156. -----------Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

07.01.2026

(M. Zothankhuma, J)

Heard Mr. H.R.A Choudhury, learned Senior Counsel for the applicant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the State and Ms. S. Sharma, learned counsel for the respondent no.2.

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The applicant has submitted this application under Section 430 BNSS for suspension of the sentence and release of the applicant on bail, in relation to the impugned judgment dated 09.12.2019 passed by the learned Sessions Judge, Karimganj, in Special Case No.2/2015, by which the applicant had been convicted under Section 376D IPC and Section 6 of POCSO Act, 2012. However, the sentence had been awarded under Section 376D of IPC.

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The applicant had prayed for suspension of the sentence on the ground that he was having medical problems and had been referred to the Urology Department of the GMCH for pain in his abdomen. The CT-IVU examination done on 05.12.2025 on the applicant suggested that there was Calculus with Grade-I Hydroureteronephrosis . As such, an operation was required to be undergone by the applicant.

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Today, Ms. B. Bhuyan, learned Additional Public Prosecutor has submitted a Medical Report issued by the Medical & Health Officer-I, Central Jail, Guwahati dated 03.01.2026, which states that a plan has been made for giving shockwave

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therapy, which is non-invasive medical proceeding on 09.01.2026, for removing the stones from the body of the applicant. Further, at present the applicant is clinically stable.

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On considering the fact that a non-invasive medical procedure is to be performed on the applicant on 09.01.2026, under the guidance of the Central Jail Authorities and the GMCH, we are not inclined to suspend the sentence imposed upon the applicant at this stage.

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The application is accordingly dismissed.

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JUDGE JUDGE

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Romjul Hussain v. the State of Assam

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Romjul Hussain v. the State of Assam

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