Gauhati High Court
I.A.(Crl.)/809/2026 of HABIBUR RAHMAN @ MD HABIBUR RAHMAN AND ANR. Vs THE STATE OF ASSAM AND ANR. on 11 August 2026
GAHC010161392026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/809/2026 HABIBUR RAHMAN @ MD HABIBUR RAHMAN AND ANR. SO MD SUKUR ALI RO VILL BENGENATI PS NAGAON DIST NAGAON ASSAM 2: GULZAR HUSSAIN @ MD GULZAR HUSSAIN SO LATE
GAHC010161392026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/809/2026
HABIBUR RAHMAN @ MD HABIBUR RAHMAN AND ANR.
SO MD SUKUR ALI
RO VILL BENGENATI
PS NAGAON
DIST NAGAON
ASSAM
2: GULZAR HUSSAIN @ MD GULZAR HUSSAIN
SO LATE ABDUL HUSSAIN
RO VILL BENGENATI
PS NAGAON
DIST NAGAON
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR
ASSAM
2:MR X ( NAME REDACTED)
DO ABDUL MANNASH AND WO MATIBUR RAHMAN
RO VILL BENGENATI
PS NAGAON
DIST NAGAON
ASSAM
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Advocate for : MR SARFRAZ NAWAZ
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
Date :12.08.2026
Heard Mr. S. Nawaz, learned counsel for the applicants. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the opposite party No. 1.
2. This application, under Section 430(1) of the BNSS, 2023 is preferred by the applicants for allowing them to go on previous bail.
3. Mr. Nawaz, learned counsel for the applicants submits that the applicants stood convicted vide judgment and order dated 09.06.2026, passed by the learned Additional Sessions Judge No. 4 (FTC), Nagaon, in Sessions (T-2) Case No. 150(N)/2019, and the learned trial Court had sentenced them to undergo simple imprisonment for 3 (three) years and to pay a fine of Rs.2,000/- each, in default to undergo simple imprisonment for 1 (one) month under Section 354 IPC, and further sentenced them to undergo simple imprisonment for 3 (three) months under Section 448 IPC, and directed to run both sentences concurrently.
3.1. Mr. Nawaz submits that the applicants were allowed to go on fresh bail, under Section 389(3)(i) of the CrPC and their sentence was suspended for a period of 30 days, and since the applicants have failed to prefer an appeal within the period of 30 days, the bail order dated 11.06.2026, was cancelled. Under such circumstances, Mr. Nawaz has contended to allow the applicants to go on fresh bail.
4. Having heard the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, the applicants herein are allowed to go on fresh bail on executing a bond of Rs. 20,000/- each, with one surety of like amount to the satisfaction of the learned trial Court.
5. In terms of above, this I.A. stands disposed of.
JUDGE Comparing Assistant