Gauhati High Court

I.A.(Crl.)/408/2024 of MOKLISH AHMED BARBHUIYA Vs STATE OF ASSAM on 26 February 2026

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GAHC010067782024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/408/2024 MOKLISH AHMED BARBHUIYA S/O ABIDUR RAHMAN BARBHUIYA VILL.- DHONEHARI PT. I P.S.- SONAI DIST.- CACHAR ASSAM. VERSUS STATE OF ASSAM REP. BY P.P. ASSAM.

GAHC010067782024

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THE GAUHATI HIGH COURT

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

Case No. : I.A.(Crl.)/408/2024

MOKLISH AHMED BARBHUIYA

S/O ABIDUR RAHMAN BARBHUIYA

VILL.- DHONEHARI PT. I

P.S.- SONAI

DIST.- CACHAR

ASSAM.

VERSUS

STATE OF ASSAM

REP. BY P.P.

ASSAM.

------------

Advocate for : MR D TALUKDAR

Advocate for : PP

ASSAM appearing for STATE OF ASSAM

Linked Case : Crl.A./122/2024

MOKLISH AHMED BARBHUIYA

S/O ABIDUR RAHMAN BARBHUIYA,

VILL.- DHONEHARI PT. I, P.S.- SONAI, DIST.- CACHAR, ASSAM.

VERSUS

STATE OF ASSAM

REP. BY P.P., ASSAM.

Advocate for the Petitioner : MR D TALUKDAR, MR. P DAIMARY,MR. R. KARIM,J

MEDHI,MS. N M LONGKENG,MS P SAIKIA,MR P CHOUDHURY,MR. K MOHAMMED

Advocate for the Respondent : PP, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

Date : 27.02.2026 (M. Zothankhuma, J) Mr. P.K. Deka, learned counsel appears for the applicant-appellant, while Ms. B. Bhuyan, learned Sr. Counsel and Addl. P.P. appears for the State.

2. This is an application under Section 389(2) of Cr.P.C. for suspending the sentence inflicted upon the applicant-appellant pursuant to the Judgment dated 24.01.2024 and sentence order dated 30.01.2024, passed by the learned Sessions Judge, Cachar, Silchar in Sessions Case No.103/2016, convicting the applicant-appellant under Section 302 of IPC.

3. On a perusal of the evidence, it appears that there are eye witnesses to the incident implicating the applicant-appellant.

4. The learned counsel for the applicant-appellant submits that in view of the paper book having been furnished to him and to the learned Addl. P.P., the matter can be listed for hearing and he would not like to press this application under Section 389(2) of Cr.P.C.

5. On account of the submission made by the learned counsel for the applicant-appellant, the I.A. stands dismissed as not pressed.

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