The Gauhati High Court granted an application for bail to an applicant serving a two-year sentence under Section 326 IPC, allowing him bail on furnishing a bond of Rs. 10,000 with one surety of like amount.
Bail allowed on furnishing a bond of Rs. 10,000 with one surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate.
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.
Page No.# 1/3
GAHC010152932026
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/938/2026
DIPEN TANTI
S/O LATE KULU TANTI, R/O MADHAPUR GAON, P.O.- LETEKOJAN, P.S.NUMALIGARH RURAL, DIST.- GOLAGHAT, PIN-785613.
VERSUS
THE STATE OF ASSAM REP. BY THE P.P., ASSAM.
Advocate for the Petitioner : MS. PAPORI PRIYA DAS (LEGAL AID COUNSEL),
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER
16.09.2026
Heard Ms. P.P. Das, learned counsel for the applicant and Mr. P. Borthakur, learned Additional Public Prosecutor for the State, being opposite party No. 1.
2. In this petition, under Section 442 read with Section 438 of the BNSS, the petitioner has prayed for suspension of sentence handed down by learned
Page No.# 2/3
Additional Chief Judicial Magistrate, Golaghat, in PR Case No. 313/2024, vide judgment and order dated 28.07.2025.
3. It is to be noted here that vide judgment and order dated 28.07.2025, the learned Additional Chief Judicial Magistrate, Golaghat, had convicted the applicant herein under Section 326 of the IPC and sentenced him to undergo imprisonment for 2 years and a fine of Rs. 5,000/- with default stipulation.
3.1. It is also to be noted here that vide judgment and order dated 17.03.2026, the learned Sessions Judge, Golaghat, had dismissed the appeal filed by the applicant herein and thereby, upheld that conviction and sentence passed by the learned Additional Chief Judicial Magistrate, Golaghat, in PR Case No. 313/2024.
4. Ms. Das, learned counsel for the applicant, submits that after the appeal being dismissed by the learned Sessions Judge, Golaghat, the applicant herein was taken into custody and now, he has been serving out the sentence. Ms. Das further submits that the sentence so handed down by the learned courts below is only two years with fine of Rs. 5,000/- and that during the course of the trial the accused (applicant herein) was all along on bail. She also submits that since notice has been issued and the record has also been called for, the applicant may be allowed to go on bail.
5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor, submits that he has no objection.
6. Accordingly, considering the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, the applicant herein is allowed to go on bail, on furnishing a bond of Rs. 10,000/with one surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Golaghat.
Page No.# 3/3
7. In terms of above, this IA stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant bail to the applicant who is serving a two-year sentence following conviction and dismissal of appeal.
1 provisions across 1 enactments
Dipen Tanti
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
