Page No.# 1/3 GAHC010129812023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/505/2023 AKASH BHUMIJ S/O LATE TANKE BHUMIJ RESIDENT OF VILLAGE RAJMAI, PS DEMOW, DIST SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:XXX RE VICTIM GIRL REPRESENTED BY THE INFORMANT SMTI REKHA GOWALA W/O RUPAK GOWALA RESIDENT OF RAJMAI KAKOJANGHAL GAON PS RAJMAI PS DIMOW DIST SIVASAGAR ASSA Advocate for the Petitioner : MR I HASSAN, Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./212/2023 AKASH BHUMIJ S/O LATE TANKE BHUMIJ RESIDENT OF VILLAGE RAJMAI PS DEMOW DIST SIVASAGAR ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:XXX RE VICTIM GIRL REPRESENTED BY THE INFORMANT SMTI REKHA GOWALA W/O RUPAK GOWALA RESIDENT OF RAJMAI KAKOJANGHAL GAON PS RAJMAI PS DIMOW DIST SIVASAGAR ASSAM ------------ Advocate for : MR I HASSAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.05.2026 Heard Mr. I Hassan, the learned counsel appearing for the applicant. Also heard Mr. B Sarma, the learned Additional Public Prosecutor for the State of Assam as well as Mr.H P Guwala, the learned counsel appearing for the respondent No.2. 2. This is an application under Section 389 (1) of the Code of Criminal Procedure, 1973 praying for suspension of sentence and for allowing the applicant to go on bail. 3. The applicant was sentenced to undergo rigorous imprisonment for five years by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Sivasagar in Special (POCSO) Case No.41/2022. 4. I have gone through the judgment passed by the trial court. I have also considered the submissions made by the learned counsels of both sides. 5. It is hereby directed that the sentence imposed upon the applicant, Akash Bhumij by Page No.# 3/3 the learned Additional Sessions Judge-cum-Special Judge (POCSO), Sivasagar in Special (POCSO) Case No.41/2022 shall remain suspended till disposal of the connected appeal. 6. The applicant, namely, Akash Bhumij is allowed to go on bail of ₹25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Sivasagar. 7. With the aforesaid direction, the Interlocutory Applications is disposed of. JUDGE Comparing Assistant