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Gauhati High Court
Safikul Rahman @ Safikul Islam vs The State Of Assam And Anr on 30 January, 2026
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GAHC010186072025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/947/2025
SAFIKUL RAHMAN @ SAFIKUL ISLAM
S/O- MD. NURZAMAL SHEIKH R/O- VILL MONAKOCHA
P.O. MONAKOCHA
P.S- PANBARI
PIN- 783391
DIST- CHIRANG
BTR
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PUBLIC PROSECUTOR
ASSAM.
2:MOFI RAHMAN
S/O- LATE HAMED SHEIKH R/O- VILL NO. 2 PATKATA
P.S- MANIKPUR
DIST- BONGAIGAON
ASSAM
PIN-
------------
Advocate for : MR. ARIF AHMED
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
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BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
30.01.2026
1. Heard Mr. B.P Borah, learned counsel for the applicant. Also
heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the
State of Assam.
2. This I.A. has been preferred seeking suspension of the
sentence imposed by the learned Trial Court vide impugned
Judgment and Order dated 25.06.2025 in Special(P) Case
No.09(M)/2020 passed by the learned Special Judge, Bongaigaon
convicting the applicant, namely, Safikul Rahman @ Safikul Islam for
offence punishable under Section 4 of POCSO Act and sentence him
to undergo Simple Imprisonment for 10 (Ten) years with fine of Rs.
3,000/- in default to undergo SI for 3(three) months.
3. Mr. B.P Borah, 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
as aforesaid.
4. On the other hand, the learned Addl. Public Prosecutor, Mr.
P.S. Lahkar has submitted that the prosecution has been able to
prove the guilt of the accused beyond all reasonable doubt.
5. 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
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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.
6. 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.
7. 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:
(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.
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(ii) 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."
8. 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.
9. In the instant case, I have perused the material on record.
It appears that the age of the victim was determined solely on the
basis of a Transfer Certificate issued by the School where she was
previously studying there appears to be some dispute as to whether
the same satisfies the requirements of S.94 of the J.J Act, as
otherwise there is evidence pointing towards a consensual act,
contradicting the version of the victim.The applicant has been in jail
since his conviction vide Judgment and Order dated 25.06.2025 and
the sentence is for a fixed period of 10 (ten) years.
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10. 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 reason requiring denial of suspension of
sentence, even though the applicants have 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.
11. Further, during the pendency of the connected criminal
appeal, the applicant is allowed to go on bail on furnishing a bail
bond of Rs. 50,000/- with one surety of like amount subject to the
satisfaction of the learned Special Judge, Bongaigaon, with a
condition that, in the event of dismissal of the connected
Crl.A/337/2025, 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.
12. The Interlocutory Application is accordingly disposed of.
JUDGE
Comparing Assistant
