Gauhati High Court
Trailokya Chaliha vs The State Of Assam on 25 November, 2025
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GAHC010024222025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/765/2025
TRAILOKYA CHALIHA
S/O. SHRI KARMESWAR CHALIHA
RESIDENT OF TARABARI
P/S. PANERY
DIST. UDALGURI
ASSAM
PIN-784510
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP
ASSAM
2:MAHENDRA BORAH
S/O. BOGAI BORAH
RESIDENT OF ROWTA GAON
P/S. MAZBAT
DIST. UDALGURI
ASSAM
PIN-784507.
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Advocate for : MR. B BARUAH
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
Crl.A./47/2025
SHRI TRAILOKYA CHALIHA
S/O. SHRI KARMESWAR CHALIHA, RESIDENT OF TARABARI, P/S. PANERY,
DIST. UDALGURI, ASSAM, PIN-784510.
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VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
2:MAHENDRA BORAH
S/O. BOGAI BORAH
RESIDENT OF ROWTA GAON
P/S. MAZBAT
DIST. UDALGURI
ASSAM
PIN-784507
Advocate for the Petitioner : MR. B BARUAH, MRS. S D DEKA,MR U RONGPI
Advocate for the Respondent : PP, ASSAM, MR. D GOGOI, AMICUS CURIAE R2
BEFORE
HON'BLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
25.11.2025
This I.A. has been preferred seeking suspension of the sentence imposed by
the learned Trial Court vide Judgment & Order dated 09.12.2024 passed by the
learned Special Judge, Udalguri in Special (POCSO) Case No. 19/2020 convicting
the applicant/appellant under Section 366 of IPC, 1860 to suffer Rigorous
Imprisonment for 3 years and a fine of Rs. 10,000/-, in default, to undergo
Simple Imprisonment for 1 month and under Section 4 of the Protection of
Children from Sexual Offences Act, 2012 (POCSO Act) and sentencing him to
rigorous imprisonment for 10 years and a fine of Rs. 20,000/-, in default, to
suffer simple imprisonment for 2 months in addition in Special POCSO Case No.
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19/2020.
2. Mr. B. Baruah, learned counsel for the applicant submits that there are
glaring errors of law as well as on facts committed by the learned Trial Court
while convicting and sentencing the applicant/appellant as aforesaid.
3. On the other hand, the learned Addl. Public Prosecutor, Mr. D.P. Goswami
has submitted that the prosecution has been able to prove the guilt of the
accused beyond all reasonable doubt.
4. The learned counsel for the applicant has relied upon the decision of the
Hon'ble Supreme Court in Kiran Kumar Vs. State of M.P., reported in (2001) 9
SCC 211, wherein it has been held that the normal rule is that when the appeal
of a person convicted and sentenced is pending, the sentence passed on him
should be suspended unless any exceptional reason existing therein requires the
denial of the same.
5. Reference was made to Bhagwan Rama Shinde Gosai Vs. State of Gujarat,
reported in (1999) 4 SCC 421, wherein the Hon'ble Supreme Court held that
when a person is sentenced to a short-term imprisonment, the normal rule is
that pending disposal of the appeal, the sentence should be suspended and
rejection is only by way of exception.
6. In Supreme Court Legal Aid Committee representing Undertrial Prisoners
Vs. Union of India & Ors, reported in (1994) 6 SCC 731, it was held as follows:
"15. We, therefore, direct as under:
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(i) Where the undertrial is accused of an offence(s) under the Act prescribing a
punishment of imprisonment of five years or less and fine, such an undertrial shall be
released on bail if he has been in jail for a period which is not less than half the
punishment provided for the offence with which he is charged and where he is
charged with more than one offence, the offence providing the highest punishment.
If the offence with which he is charged prescribes the maximum fine, the bail amount
shall be 50% of the said amount with two sureties for like amount. If the maximum
fine is not prescribed bail shall be to the satisfaction of the Special Judge concerned
with two sureties for like amount.
ii) Where the undertrial accused is charged with an offence(s) under the Act
providing for punishment exceeding five years and fine, such an undertrial shall be
released on bail on the term set out in (i) above provided that his bail amount shall in
no case be less than Rs 50,000 with two sureties for like amount."
7. In Narcotic Control Bureau Vs. Lakhwinder Singh, 2025 INSC 190, the
Hon'ble Supreme Court held that the above Judgment does not take away the
power of the Court to grant regular bail even if the period undergone by a
prisoner is less than what is provided in the said judgment. It was further held
that in the case of fixed-term sentences, if the courts start adopting a rigid
approach, in a large number of cases, till the appeal reaches the stage of the
final hearing, the accused would undergo the entire sentence. This will be a
violation of the rights of the accused under Article 21 of the Constitution.
Moreover, it will defeat the right of appeal.
8. In the instant case, I have perused the material on record. The applicant
has been in jail since his conviction vide Judgment dated 09.12.2024 and the
sentence is for a fixed period of 10 years.
9. Keeping in view the same and considered in the light of the decision of the
Hon'ble Supreme Court in Kiran Kumar (Supra), I do not find any exceptional
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reason requiring denial of suspension of sentence, even though the applicant
has not spent an unduly long period behind bars. Hence, I am of the considered
opinion that this is a fit case where the execution of the remaining part of the
sentence imposed by the impugned Judgment may be suspended. It is
accordingly so ordered.
10. Further, during the pendency of the connected criminal appeal, the
applicant is allowed to go on bail of Rs. 50,000/- with one surety of the like
amount subject to the satisfaction of the learned Special Judge, Udalguri, Assam
with a condition that, in the event of dismissal of the connected Criminal Appeal
No. 47/2025, the applicant shall surrender before the Trial Court to serve out
the remaining part of his sentence imposed by the impugned judgment or as
may be directed by the Appellate Court.
11. The Interlocutory Application is accordingly disposed of.
JUDGE
Comparing Assistant
