Sri Chandan Deka Vs Solimuddin Sk — Gauhati HC (2026) — LawSathi Research

Sri Chandan Deka Vs Solimuddin Sk — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer granted: the order dated 11.05.2026 in Criminal Revision Petition No. 247/2026 was modified so that, till returnable date, the judgment and order dated 26.03.2026 in Criminal Appeal No. 03/2025 and the order dated 05.05.2025 in CR Case No. 39/2021 (SDJM (M), Bilasipara, Dhubri) shall remain stayed; the modification forms part of the order dated 11.05.2026. Application disposed of.

Issue for consideration

Whether the order dated 11.05.2026 in Criminal Revision Petition No. 247/2026 should be modified so that the order dated 05.05.2025 passed in CR Case No. 39/2021 by the learned SDJM (M), Bilasipara, Dhubri is also stayed till returnable date.

Court's answer

The Court granted the prayer made by Mr. Goswami on behalf of the applicant.

Ratio / Principle

The order dated 11.05.2026 passed in Criminal Revision Petition No. 247/2026 is modified to provide that, till returnable date, the judgment and order dated 26.03.2026 passed by the learned Additional Sessions Judge, Bilasipara, Dhubri in Criminal Appeal No. 03/2025 and the order dated 05.05.2025 passed in CR Case No. 39/2021 by the learned SDJM (M), Bilasipara, Dhubri shall remain stayed.

Key takeaways

This order shall form a part of the order dated 11.05.2026 passed by this Court in Criminal Revision Petition No. 247/2026.ratio¶32

Detailed headnote1 paragraphs

Gauhati High Court (Parthivjyoti Saikia, J.), I.A.(Crl.)/503/2026, decided 18.05.2026, in the linked Criminal Revision Petition No. 247/2026 (Sri Chandan Deka v. Solimuddin Sk): By its order dated 11.05.2026 the Court had stayed, till returnable date, the judgment and order dated 26.03.2026 of the learned Additional Sessions Judge, Bilasipara, Dhubri in Criminal Appeal No. 03/2025. On an application for correction/modification, Mr. S K Goswami prayed that the order dated 05.05.2025 passed in CR Case No. 39/2021 by the learned SDJM (M), Bilasipara, Dhubri also be stayed. The Court considered the entire aspect of the matter, granted the prayer, and modified the order dated 11.05.2026 to provide that, till returnable date, both the judgment and order dated 26.03.2026 in Criminal Appeal No. 03/2025 and the order dated 05.05.2025 in CR Case No. 39/2021 shall remain stayed. The modification order was directed to form part of the order dated 11.05.2026, and the application was disposed of.

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GAHC010094882026

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

Case No. : I.A.(Crl.)/503/2026

SRI CHANDAN DEKA

S/O - LATE UTTAM CHANDRA DEKA, R/O- AMRIT NAGAR, HOUSE NO-14, BAISHISTA CHARIALI, P.O- KUNDIL NAGAR P.S - BAISHISTA CHARIALI, DIST-KAMRUP M, ASSAM.

VERSUS

SOLIMUDDIN SK,

S/O-LATE KASHEM ALI, R/O-VILLAGE DUDHNATH HILL, P.S-CHAPAR, DISTDHUBRI, PIN-783301, ASSAM.

Advocate for the Petitioner : MR. S K GOSWAMI, MR. N BARMAN,MR. C MAHANTA

Advocate for the Respondent : ,

Linked Case : Crl.Rev.P./247/2026

SRI CHANDAN DEKA S/O - LATE UTTAM CHANDRA DEKA R/O- AMRIT NAGAR HOUSE NO-14 BAISHISTA CHARIALI P.O- KUNDIL NAGAR P.S - BAISHISTA CHARIALI DIST-KAMRUP M ASSAM.

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VERSUS

SOLIMUDDIN SK S/O-LATE KASHEM ALI R/O-VILLAGE DUDHNATH HILL P.S-CHAPAR DIST. DHUBRI PIN-783301 ASSAM.

-----------Advocate for : MR. S K GOSWAMI Advocate for : appearing for SOLIMUDDIN SK

BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

ORDER

Date : 18.05.2026

Heard Mr. S K Goswami, learned counsel appearing for the applicant.

This application has been filed praying for correction/modification of the order dated 11.05.2026 passed by this Court in Criminal Revision Petition No. 247/2026.

In the order aforesaid, it was mentioned that till returnable date, the Judgment and Order dated 26.03.2026, passed by the learned Additional Sessions Judge, Bilasipara, Dhubri in Criminal Appeal No. 03/2025 shall remain stayed.

Today, Mr. Goswami has prayed before this Court that the order dated 05.05.2025 passed in CR Case No. 39/2021 by the learned SDJM (M), Bilasipara, Dhubri shall also required to be stayed.

I have considered the submission submitted by Mr. Goswami.

Considering entire aspect of the matter, prayer of Mr. Goswami is granted.

Accordingly, the order dated 11.05.2026 passed by this Court in Criminal Revision Petition No. 247/2026 is modified as under:

“Till returnable date, the Judgment and Order dated 26.03.2026, passed by the

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learned Additional Sessions Judge, Bilasipara, Dhubri in Criminal Appeal No. 03/2025 and the order dated 05.05.2025 passed in CR Case No. 39/2021 by the learned SDJM (M), Bilasipara, Dhubri shall remain stayed”.

This order shall form a part of the order dated 11.05.2026 passed by this Court in Criminal Revision Petition No. 247/2026.

The bail application is disposed of.

JUDGE

Comparing Assistant