Sarpo Phangcho vs The State Of Assam And Anr
2025 Latest Caselaw 7244 Gua

Gauhati High Court

Sarpo Phangcho vs The State Of Assam And Anr on 11 September, 2025

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GAHC010200582025




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

                            Case No. : I.A.(Crl.)/1010/2025


           SARPO PHANGCHO
           SON OF LATE SARTHE PHANGCHO RESIDENT OF 3 NO. DILAOJAN SARTHE
           PHANGCHO GAON
           P.S. BOKAJAN DIST. KARBI ANGLONG
           ASSAM


           VERSUS

           THE STATE OF ASSAM AND ANR
           REP BY THE PP
           ASSAM

           2:LIRMIKA TERANGPI
           D/O LATE BORSING TERANG RESIDENT OF NO. 3 DILAOJAN VERANG
           TERANG GAON
            P.S. BOKAJAN DIST. KARBI ANGLONG
           ASSAM
           PIN-782480
            ------------
           Advocate for : MR. U K BARMAN
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR

                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

Date : 11.09.2025

1. Heard Mr. U. K. Barman, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State.

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2. This interlocutory application has been filed by the petitioner praying for suspension of sentence imposed on the petitioner by the judgment and order dated 16.08.2022 passed by the Court of learned Assistant Sessions Judge, Karbi Anglong, Diphu in Sessions Case No. 03/2021 whereby the petitioner was convicted under Section 354 of IPC and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo simple imprisonment for two months. The petitioner was also convicted under Section 448 of the IPC and was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for two weeks.

3. The petitioner has impugned the aforesaid judgment of the Appellate Court by filing the connected Criminal Revision Petition No. 371/2025.

4. The learned counsel for the petitioner has submitted that since petitioner is hopeful of getting a favourable result in the connected Criminal Revision Petition and since he has been sentenced for imprisonment for a short term of three years only, unless the execution of sentence imposed on the petitioner is stayed during the pendency of the connected criminal revision petition, there is a likelihood of his revision petition becoming infructuous.

5. I have considered the submissions made by the learned counsel for both sides.

6. Since the sentence imposed on the petitioner is for an imprisonment of three years, this Court is of the considered opinion that this is a fit case where during the pendency of the connected criminal revision petition, the petitioner may be allowed to go on bail and the execution of sentence imposed on him by the impugned judgment may be suspended, accordingly, same is done.

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7. Accordingly, the petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Sessions Judge, Karbi Anglong in connection with Sessions Case No. 03/2021 with a condition that in the event of dismissal of the connected Crl.Rev. Petition No. 371/2025, the petitioner shall surrender before the Court of learned Sessions Judge, Karbi Anglong to serve out the sentence imposed on him by the impugned judgment.

8. This interlocutory application is accordingly disposed of.

JUDGE

Comparing Assistant