Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 8067 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 27 October, 2025

                                                                        Page No.# 1/3

GAHC010228232025




                                                                  2025:GAU-AS:14318

                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : I.A.(Crl.)/1125/2025

            SRI BITUL DAS
            S/O SRI MAJU DAS, R/O ROMONICHUK, P.S.-NORTH LAKHIMPUR, DIST.-
            LAKHIMPUR, ASSAM.



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP ASSAM



Advocate for the Petitioner   : MR. P J SAIKIA,

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                     HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

                                           ORDER

27.10.2025

Heard Mr. P.J Saikia, learned counsel for the petitioner and Mr. R.R.

Kaushik, learned Addl. PP for the State.

This is an application filed u/s 430 of the BNSS, 2023 for suspension of Page No.# 2/3

sentence and subsequent bail to the applicant pending disposal of the

connected Criminal Revision. The applicant is convicted u/s 447 of the

IPC/323 IPC as well as 354 of the IPC and was sentenced to undergo SI for

one month u/s 447, to undergo SI for one and half year with fine and

default stipulation u/s 354 of the IPC and to undergo S.I for 3 months u/s

323 of the IPC.

The sentences were directed to run concurrently vide Judgment dated

10.05.2022 and sentencing Order dated 26.12.2022 by the Court of Addl.

Session Judge, FTC, Lakhimpur, in Criminal Appeal No. 8 (1) of 2019. U/s

430 of the BNSS, 2023 it is provided that where the convicted person

satisfy the Court by which he is convicted that he intends to present an

appeal where the sentence of punishment is less than 3 years the said

Court may release the convicted person on bail,unless there are special

reason for refusing the same for such period as it would afford sufficient

time to present the appeal and obtain orders from the appellate Court and

the sentence of imprisonment so long as he is released on bail is deemed

to be suspended. However, in the instant case the same has not been

done. Since the incarceration period is only 1 year 6 months, this Court

deemed it fits that the sentence imposed upon the applicant may be Page No.# 3/3

suspended and he may be released on bail on furnishing a bail bond of

20,000 with 1 local surety of the like amount to the satisfaction of the Trial

Court.

The I.A is disposed of.

JUDGE

Comparing Assistant