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Kalu Ali v. the State of Assam

Criminal Procedure – Suspension of sentence and fresh bail pending revision – Section 430, BNSS 2023

Gauhati HC9 Mar 2026I.A.(Crl.)/235/2026

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What is this about?

Gauhati High Court; I.A.(Crl.)/235/2026; order dated 10.03.2026; Justice Parthivjyoti Saikia; Section 430 BNSS 2023; suspension of sentence; fresh bail during pendency of revision; Sessions Case No. 179/2014; learned Asstt. Sessions Judge, Morigaon; linked Crl.Rev.P./111/2026; applicants Kalu Ali and Hydar Ali @ Baghe Ali; State of Assam; informant Misili Begum; bail of Rs. 25,000/- each with like sureties.

What did the court decide?

Sentence of the applicants suspended till disposal of the connected Criminal Revision Petition (Crl.Rev.P./111/2026); applicants Kalu Ali and Hydar Ali @ Baghe Ali to be released on fresh bail of Rs. 25,000/- each with sureties of like amount to the satisfaction of the learned Sessions Judge, Morigaon. ¶20

Kalu Ali Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

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GAHC010034812026

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

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I.A.(Crl.)/235/2026

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KALU ALI S/O LATE MONTAZ ALI 2: HYDAR ALI ALIAS BAGHE ALI S/O LATE MONTAZ ALI BOTH ARE R/O VILL.- THENGKHALIBORI P.S.- MIKIRBHETA DIST. - MORIGAON ASSAM. VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR OF ASSAM 2:MISILI BEGUM (INFORMANT) W/O SH. JAIMIN SHEIKH ALIAS JAIMIN ALI R/O VILLAGETHENGKHALIBORI P.S. MIKIRBHETA DISTRICT - MORIGAON ASSAM -----------Advocate for : S K Poddar Advocate for : appearing for THE STATE OF ASSAM

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Linked Case No. : Crl.Rev.P./111/2026

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GAZI ALI S/O LATE MONTAZ ALI. 2: KALU ALI SON OF LATE MONTAZ ALI 3: HYDAR ALI ALIAS BAGHE ALI S/O LATE MONTAZ

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ALI ALL ARE R/O VILL.- THENGKHALIBORI P.S.- MIKIRBHETA DIST.- MORIGAON ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR OF ASSAM. 2:MISILI BEGUM (INFORMANT) W/O SH. JAIMIN SHEIKH @ JAIMIN ALI R/O VILL.- THENGKHALIBORI P.S.- MIKIRBHETA DIST. - MORIGAON ASSAM

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Advocate for the Petitioner : S K Poddar,

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Advocate for the Respondent : PP ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 10.03.2026

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Heard Mr. S K Poddar, the learned counsel appearing for the applicants. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor for the State of Assam.

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This application has been filed under Section 430 of the BNSS, 2023 praying for suspension of sentence and to allow the applicants to go on fresh bail during the pendency of the connected Criminal Revision Petition.

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I have gone through the judgment of the trial court. I have also considered the submissions made by the learned counsel of both sides.

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The sentence imposed upon the applicants Kalu Ali and Hydar Ali @ Baghe Ali by the learned Asstt. Sessions Judge, Morigaon in Sessions Case No. 179/2014 shall remain suspended till disposal of the Criminal Revision Petition.

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It is hereby directed that the applicants Kalu Ali and Hydar Ali @ Baghe Ali shall be released on fresh bail of ₹25,000/- each with sureties of like amount to the satisfaction

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of the learned Sessions Judge, Morigaon

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With the aforesaid direction, this IA stands disposed of.

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JUDGE

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Kalu Ali v. the State of Assam

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Kalu Ali v. the State of Assam

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