Gauhati High Court
I.A.(Crl.)/747/2026 of MD. RAFIK ALI Vs THE STATE OF ASSAM on 9 September 2026
GAHC010124032026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/747/2026 MD. RAFIK ALI S/O SAYED HAMID ALI R/O VILL.- TELIAPARA P.S.- PANERY DIST. - UDALGURI B.T.R. ASSAM PIN - 784524. VERSUS THE STATE OF ASSAM REP. BY THE
GAHC010124032026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/747/2026
MD. RAFIK ALI
S/O SAYED HAMID ALI
R/O VILL.- TELIAPARA
P.S.- PANERY
DIST. - UDALGURI
B.T.R.
ASSAM
PIN - 784524.
VERSUS
THE STATE OF ASSAM
REP. BY THE PUBLIC PROSECUTOR
GAUHATI HIGH COURT
------------
Advocate for : MS. P SAHARIA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Date : 10.09.2026
Learned Legal Aid Counsel Ms. P. Saharia is present for the applicant, who has filed this application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for suspension of sentence/judgment and order dated 18.12.2025 passed by the learned Sessions Judge, Udalguri in Criminal Appeal No. 35/2025 and to release the applicant/petitioner on previous bail.
2. Heard learned Additional Public Prosecutor Mr. R.R. Kaushik for the respondent State.
3. The applicant is aggrieved by the judgment and order dated 18.12.2025 passed by the learned Sessions Judge, Udalguri in Criminal Appeal No. 35/2025, dismissing the appeal and upholding the conviction and sentence vide the judgment and order dated 07.07.2025 passed by the learned Additional Chief Judicial Magistrate, Udalguri, in connection with G.R. Case No. 374/2024 (P.R.C. No. 379/2024) whereby the applicant/petitioner was convicted under Section 279 of IPC to undergo R.I. for 6 months, further to pay a fine of Rs.5000/- (Rupees Five Thousand) for offence under Section 337 of IPC; pay a fine of Rs.10,000/- (Rupees Ten Thousand) for offence under Section 427 of IPC and to undergo R.I. for one year and to pay a fine of Rs.5000/- (Rupees Five Thousand) for offence under Section 304-A of IPC.
4. It is submitted that the applicant is already on previous bail and the applicant/petitioner has prayed to remain on previous bail until further orders. It is also submitted that that the operation of the order of conviction and sentence may be stayed.
5. I have considered the submissions at the bar. After considering the entire aspect of the matter, the operation of the order of sentence is suspended until further orders and the applicant is allowed to remain on previous bail until further orders.
6. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant