Page No.# 1/3 GAHC010251442022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/785/2022 GAKUL BARUAH S/O LATE KULA BARUAH R/O DHOLBAGAN P.O.- MATHURAPUR DIST.- SIVASAGAR (ASSAM). VERSUS THE STATE OF ASSAM REP. BY P.P. ASSAM. ------------ Advocate for : MR. T J MAHANTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case :Case No. : Crl.A./329/2022 GAKUL BARUAH S/O LATE KULA BARUAH, R/O DHOLBAGAN, P.O.- MATHURAPUR, DIST.- SIVASAGAR (ASSAM). VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM. Page No.# 2/3 Advocate for the Petitioner : MR. T J MAHANTA, MR. A BORUA,MS. P BHATTACHARYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.06.2026 Heard Mr. T J Mahanta, the learned Senior Counsel assisted by Mr. T Gogoi appearing for the applicant. Also heard Mr. K K Parasar, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension of sentence as well as to allow the applicant to go no bail. 3. The applicant was convicted under Section 10 of the POCSO Act, 2012 vide judgment and order dated 10.11.2022 passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Sivasagar in Special (POCSO) Case No.48/2022. The applicant was sentenced to undergo rigorous imprisonment for 5 (five) years. 4. The applicant has completed more than four years in custody. 5. I have considered the submissions made by the learned counsel of both sides. I have also gone through the impugned judgment. 6. Considering the length of detention undergone by the applicant in custody, it is hereby directed that the sentence imposed upon the applicant Sri Gakul Baruah by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Sivasagar in Special (POCSO) Case No.48/2022 shall remain suspended till the Page No.# 3/3 disposal of the connected appeal. 7. Therefore, the applicant Sri Gakul Baruah shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Sivasagar. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant