Gauhati High Court
Pradip Sona vs The State Of Assam And Anr on 7 November, 2025
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GAHC010152022025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : : I.A.(Crl.)/749/2025
PRADIP SONA
S/O. LT. LUISH SONA
R/O. VILL.- NO. 2
DHANSHI T.E. LINE NO. 7
P/S. MAZBAT
DIST. UDALGURI
ASSAM
PIN-784507.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PP
ASSAM.
2:SUKASHI KANDHO
W/O. RAMESH KANDHO
R/O. VILL.- LALPANI
P/O. PATHAK PUR
P/S. MAZBAT
DIST. UDALGURI
ASSAM
PIN-784507.
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Advocate for : K U AHMED
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
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BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 07.11.2025
1. Heard Mr. K. U, Ahmed, the learned counsel for the
applicant/appellant. Also heard Mr. P. Borthakur, the learned
Additional Public Prosecutor for the State respondent as well as Ms.
M. K. Brown, the learned Amicus Curiae for the opposite party No.2
2. This Interlocutory Application has been filed under Section 430
of BNSS, 2023 for staying the execution of the sentence imposed
on the present applicant by the judgment and order dated
30.04.2025 and the order of sentence dated 02.05.2025 passed by
the Court of learned Special Judge (POCSO) in Special POCSO Case
No. 55/2024, where by the petitioner was sentenced to undergo
rigorous imprisonment for three years and to pay a fine of Rs.
20,000/- and in default of payment of fine to undergo simple
imprisonment of four months.
3. The leaned counsel for the applicant has submitted that the
applicant has impugned the aforesaid judgment of conviction and
sentence by filing the connected criminal appeal, which has been
registered as Criminal Appeal No. 250/2025 and he is hopeful of
getting a favorable order in the said case.
4. He further submits that considering the number of criminal
appeal pending in this court, it is unlikely that the instant criminal
appeal would be disposed of expeditiously. Hence, he submits that
there is a possibility of the petitioner serving out the sentence
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during the pendency of the connected criminal appeal and in such
circumstances he would be greatly prejudiced.
5. On the other hand, the learned Additional Public Prosecutor, Mr.
P. Borthakur and the learned Amicus Curiae, Ms. M. K. Brown
submits that there are sufficient incriminating materials against the
petitioner in the record on the basis of which the Trial Court has
convicted and sentenced the appellant. They also submit that there
is no infirmity in the impugned judgment and it is unlikely that the
petitioner would get a favourable order in this case.
6. I have considered the submissions made by the learned counsel
for both sides.
7. Though, an appeal and sentence of short term is to be heard
expeditiously, however, considering the pendency of the criminal
appeals before this Court, even if we give a fixed date, it has been
experience of this Court, on many occasions, appeal may not be
taken up for various reasons.
8. Hence, this Court, though, listing the connected appeal on a
fixed date for final hearing, is of the considered opinion that, the
petitioner, considering the short-term sentence imposed on him is
entitled to get the relief of suspension of the execution of sentence
during the pendency of the connected appeal. He is also entitled to
get bail during the pendency of the connected appeal.
9. Accordingly, this Interlocutory Application is disposed of by
directing that the execution of sentence imposed by the impugned
judgment dated 30.04.2025 by the learned Special Judge, Udalguri
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shall remain stayed during the pending of the connected Criminal
Appeal No. 250/2025.
10. The applicant is also allowed to be released on bail of
Rs.30,000/- with one surety of like amount to the satisfaction of
learned Special Judge, Udalguri during the pendency of this
instant appeal with a condition that in the event of dismissal of the
connected appeal, he shall surrender before the Trial Court to serve
out remaining part of his sentence.
11. This Interlocutory application is, accordingly, disposed of.
JUDGE
Comparing Assistant
