Disposed

MD Chafikul Hussain v. the State of Assam

Gauhati HC6 Jan 2026I.A.(Crl.)/1383/2025

Case brief

AI extract

What is this about?

Applicant convicted under Sections 341 and 324 IPC with a maximum six-month sentence sought suspension of sentence pending appeal. Relying on Bhagwan Rama Shinde Gosai, the court suspended both sentences until disposal of the criminal appeal and ordered release on fresh bail with a bond.

What did the court decide?

Suspension of sentence till disposal of Crl.A. no. 449/2025; release on fresh bail on Rs. 5,000/- bond with one surety.

MD Chafikul Hussain Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

Page No.# 1/3

GAHC010269782025

undefined

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

¶5

Case No. : I.A.(Crl.)/1383/2025

¶6

MD CHAFIKUL HUSSAIN SON OF LATE MOHAMMAD HUSSAIN R/O - VILLAGE- SHALMRA MOHKHUTI HALMIRA MOHKHUTI GAON GOLAGHAT

¶7

POLICE STATION-GOLAGHAT DISTRICT-GOLAGHAT ASSA.

¶8

VERSUS

¶9

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR

¶10

-----------Advocate for : MS BIJITA SARMA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

¶11

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶12

ORDER

¶13

Date : 07.01.2026

¶14

Heard Ms. B. Sarma, learned Legal Aid Counsel for the applicant-appellant and Ms. S.H. Bora, learned Additional Public Prosecutor for the opposite party

¶15

Page No.# 2/3

¶16

no. 1, State of Assam.

¶17

The instant application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred seeking suspension of execution of the sentence passed against the applicant-appellant and for his release on bail.

¶18

The applicant as the appellant has preferred the accompanying criminal appeal, Crl.A. no. 449/2025 against a Judgment and Order dated 22.09.2025 passed by the Court of Sessions Judge, Golaghat [‘the Trial Court’, for short] in Sessions Case no. 05/2024. By the Judgment and Order dated 22.09.2025, the Trial Court has convicted the applicant-appellant for the offences under Sections 341/324, Indian Penal Code [IPC]. For the offence under Section 341, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for one month. For the offence under Section 324, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 2,000/-, with default stipulation. Both the sentences are ordered to run concurrently.

¶19

The maximum period of sentence imposed upon the applicant-appellant is six months. Presently, the applicant-appellant is on bail as granted by the Trial Court. The Hon’ble Supreme Court of India in Bhagwan Rama Shinde Gosai vs. State of Gujarat reported in [1999] 4 SCC 421, has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances.

¶20

Page No.# 3/3

¶21

Having regard to the projections made in the application regarding the prosecution case, it is ordered that till disposal of the accompanying criminal appeal, Crl.A. no. 449/2025, the sentences passed against the applicantappellant shall remain suspended and the applicant-appellant is to be allowed to be released on fresh bail subject to furnishing a bail bond of Rs. 5,000/- with one surety of the like amount to the satisfaction of the Trial Court.

¶22

JUDGE

¶23

Comparing Assistant

MD Chafikul Hussain v. the State of Assam

Case brief

What is this about?

What did the court decide?

MD Chafikul Hussain v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mousumi Mahanta Vs the State of Assam and Ors.

Anowar Hussain Vs the State of Assam

Mohibul Islam Vs the State of Assam and 3 Ors.

MD Nur Ali HUDA Vs the State of Assam and Anr.

Ohab Ali @ Ohab Khan Vs the State of Assam and Anr.

Adhikary Enterpries Vs Shreem Care Products