Gauhati High Court
Page No.# 1/2 vs The State Of Assam on 21 April, 2026
Author: M. Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/2
GAHC010072872022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/1329/2025
in Crl.A./60/2022
SUKUR ALI AND ANR
S/O MD. KASEM ALI
RESIDENT OF VILLAGE ANTHAIBARI
PS GOSSAIGAON DIST KOKRAJHAR BTAD ASSAM
2: NAJIR HUSSAIN
S/O MD. ABU SK.
RESIDENT OF VILLAGE ANTHAIBARI
PS GOSSAIGAON DIST KOKRAJHAR BTAD ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP ASSAM
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Advocate for : MR H R A CHOUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 21.04.2026
(M. Zothankhuma, J)
Heard Mr. I. U. Choudhury, learned counsel for the appellants/applicants
and Ms. B. Bhuyan, learned Add. PP, Assam.
Page No.# 2/2
No one appears for the respondent No. 2 even though notice had been
served upon the respondent No. 2.
The appellants/applicants have prayed for suspension of the sentence
passed pursuant to the impugned judgment dated 11.03.2022 by the learned
Special Judge (POCSO), Kokrajhar in Special Case No. 08/2018, convicting the
appellants/applicants under Section 6 of the POCSO Act and under Section 376D
of the IPC.
We have noticed that the applicants had earlier approached this Court by
availing the provisions of Section 389 Cr.PC, which is akin to Section 430 BNSS,
vide I.A.(Crl.) 171/2022. The prayer of the applicants for suspension of the
sentence and grant of bail had been rejected earlier, vide order dated
18.08.2022.
On considering the reasons for the rejection of the applicants’ earlier
application for suspension of the sentence and grant of bail, we find that no
new grounds are forthcoming in this application, except for the fact that the
hearing of the case was not likely to conclude within a short time. However, as
can be seen from the order dated 21.04.2026 passed in the main appeal, the
final hearing of the main appeal has been fixed on 21.05.2026.
In view of the reasons stated above, we do not find any ground to allow
the present application and the application is accordingly dismissed.
JUDGE JUDGE Comparing Assistant