Gauhati High Court
I.A.(Crl.)/972/2025 of NEERAJ SHARMA Vs THE STATE OF ASSAM on 12 November 2026
GAHC010196102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/972/2025 in CRL.A(J)/146/2025 NEERAJ SHARMA SON OF SRI MAHENDRA SARMAH RESIDENT OF VILLAGE- BORJALAH WARD NO.4 JORPUKHURI UNDER TANGLA POLICE STATION IN THE
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GAHC010196102025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/972/2025
in CRL.A(J)/146/2025
NEERAJ SHARMA
SON OF SRI MAHENDRA SARMAH
RESIDENT OF VILLAGE- BORJALAH
WARD NO.4
JORPUKHURI UNDER TANGLA POLICE STATION IN THE DISTRICT OF
UDALGURI BTR ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP ASSAM.
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Advocate for : MR. U CHOUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 13.11.2026 (M. Zothankhuma, J) Heard Mr. U. Choudhury, learned counsel for the applicant/appellant. Also heard Ms. B. Bhuyan, learned Addl. PP, assisted by Ms. R. Saloi, learned counsel.
2. This application under Section 430 BNS is for suspending the sentence being undergone by the applicant/appellant on his conviction under Sections 103(1) and Page No.# 2/2 140(1) BNS, on account of the brutal killing of his two minor stepbrothers.
3. The impugned judgment and sentence has been passed by the learned Sessions Judge, Udalguri, Assam, in Sessions (T-1) Case No. 12 of 2025.
4. We have heard the learned counsels for the parties and we have also seen the order passed today in the main appeal, wherein the case has been fixed for final hearing on 21.01.2027.
5. We have also noticed that the bodies of the two stepbrothers of the applicant/appellant were recovered from a village in the banks of a river, on the basis of the disclosure statement made by the applicant/appellant and on being led to the place of recovery.
6. The weapon (khukri) used by the applicant/appellant has also been recovered on the basis of the disclosure statement of the applicant/appellant, which had been made in the presence of independent witnesses.
7. The backpacks/school bags of the two deceased boys were also recovered, on being led by the applicant/appellant to the place of recovery.
8. On considering all the above evidence and keeping in view the fact that the main appeal has been fixed for hearing on 21.01.2027, we are not inclined to suspend the sentence being undergone by the applicant/appellant at this stage.
9. The application is accordingly rejected.
JUDGE JUDGE Comparing Assistant