Deep Paul vs The State Of Assam And Anr
2025 Latest Caselaw 7698 Gua

Gauhati High Court

Deep Paul vs The State Of Assam And Anr on 26 September, 2025

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GAHC010215252025




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

                           Case No. : I.A.(Crl.)/1078/2025

           DEEP PAUL
           S/O. LT. NRIPESH PAUL
           R/O. VILL.- BARPARA BOKO
           P/S. BOKO
           DIST. KAMRUP
           ASSAM.


           VERSUS

           THE STATE OF ASSAM AND ANR.
           REP. BY THE PP
           ASSAM

           2:MUNNA SAHANI
           S/O. SRI GANESH SAHANI
            R/O. VILL.- BOKO BARPARA
            P/S. BOKO
            DIST. KAMRUP
           ASSAM.
            ------------
           Advocate for : MR N AHMED
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR.

                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 26.09.2025

1. Heard Mr. B. Chowdhury, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.

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2. This interlocutory application under Section 430 of BNSS has been filed by the applicant, namely, Sri Deep Paul praying for suspension of sentence imposed on the applicant by the judgment and order dated 22.08.2025 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup, Amingaon in Special (POCSO) Case No. 35/2022.

3. The applicant has impugned the aforesaid judgment by preferring the connected Criminal Appeal No. 375/2025. By the said judgment, the appellant was convicted under Section 354 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year and also to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) and in default of payment of fine to undergo further imprisonment for two months.

4. I have considered the submissions made by the learned counsel for both sides and have gone through the records.

5. Since, the sentence imposed on the applicant by the impugned judgment is for a short term period of one year only, this Court is of considered opinion that unless same is suspended during pendency of the connected Criminal Appeal, the appeal itself may become infructuous.

6. Hence, the sentence imposed on the applicant by the impugned judgment is hereby suspended till the pendency of the connected Criminal Appeal No. 375/2025.

7. Accordingly, the applicant is also allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup, Amingaon in Special (POCSO) Case No. 35/2022 subject to the Page No.# 3/3

condition that in event of dismissal of the connected Criminal Appeal No. 375/2025, the applicant shall surrender before the Trial Court to serve out the sentence imposed on him by the impugned judgment.

JUDGE

Comparing Assistant