18.08.2025
Page No.# 4/6
Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. K. Bhattacharya,
learned counsel for the applicants-appellants and Mr. R.R. Kaushik, learned Additional Public
Prosecutor for the opposite party-respondent, State of Assam.
2. The two applications are preferred by the applicants-appellants under Section 430 of
the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 seeking suspension of the execution of
the sentence passed against them and for their release on bail.
3. The applicants as the appellants have preferred the accompanying criminal appeal
under Section 415[2] of the BNSS against a Judgment dated 10.07.2025 and an Order on
sentence dated 16.07.2025 passed by the Court of learned Additional Sessions Judge,
Dibrugarh [‘Trial Court’, for short] in Sessions Case no. 91/2018. By the Judgment and Order
on sentence, all the six applicants-appellants have been convicted for the offences under
Section 341, Section 324, Section 325, Section 326 and Section 307 read with Section 34,
Indian Penal Code [IPC]. For the offence under Section 307 read with Section 34, IPC, the six
applicants-appellants have been sentenced to undergo rigorous imprisonment for five years
each and to pay a fine of Rs. 10,000/- each with default stipulation. For the offence under
Section 326 in aid of Section 34, IPC, the six applicants-appellants have been sentenced to
undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000/- with default
stipulation. For the other offences, lesser terms of imprisonment have been imposed against
each of the applicants-appellants. The sentences of imprisonment have been ordered to run
concurrently, meaning thereby, the maximum term of imprisonment which each of the
applicants-appellants is to undergo is five years.