Page No.# 1/4 GAHC010076142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./127/2025 FULJAR ISLAM ALI @ MD ISLAM ALI S/O- MD. AZAD ALI VILL.- KALDOBA PART II, P,S- AGOMANI, DIST.- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPESENTED BY P.P., ASSAM Advocate for the Petitioner : MR. M S MONDAL, MR. R ISLAM,MR. D A KAIYUM Advocate for the Respondent : PP, ASSAM, Linked Case : I.A.(Crl.)/362/2025 FULJAR ISLAM ALI @ MD ISLAM ALI S/O- MD. AZAD ALI VILL.- KALDOBA PART II P S- AGOMANI DIST.- DHUBRI ASSAM Page No.# 2/4 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM ------------ Advocate for : MR. M S MONDAL Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.09.2025 1. Heard Mr. D. A. Kaiyum, the learned counsel for the applicant. Also heard Mr. B. Sarma Additional Public Prosecutor for the State respondent. 2. This Interlocutory Application has been filed under Section 430 of the BNSS by the Fuljar Islam Ali @ Md Islam Ali, praying for suspension of sentence imposed on him by the judgment dated 17.02.2025, passed by the learned Additional Session Judge, Dhubri, in Session Case No. 55/2022, whereby the applicant was convicted under Section 324 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- and in default of payment of fine to suffer further rigorous imprisonment for one month. The applicant was also convicted under Section 307 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs 3,000/- and in default of payment of fine to suffer rigorous imprisonment for four months. 3. The learned counsel for the applicant has submitted that the petitioner Page No.# 3/4 has impugned the aforesaid judgment by filing the connected Criminal Appeal, i.e. Criminal Appeal No. 127/2025. The said appeal is admitted for hearing. 4. He further submits that the Trial Court has observed in the impugned judgment that the injuries sustained by the victim are of simple nature and, therefore, there is every likelihood of conversion of the conviction under Section 307 of the Indian Penal Code into either 323 of the Indian Penal Code or 324 of the Indian Penal Code. 5. He, therefore, submits that since there is a hope of getting favourable order in the connected Criminal Appeal and since the sentence imposed on the applicant is a short-term sentence of five years only, unless the execution of the sentence imposed on the applicant is stayed during the pendency of the connected Criminal Appeal No. 127/2025, the said appeal may become infructuous and the applicant in that case may be highly prejudiced. 6. Considering the submissions made by learned counsel for both sides, this Court is of considered opinion that since the appeal filed by the applicant impugning the judgment has been admitted for hearing, hence considering the number of Criminal Appeals pending before this Court, it is unlikely that the appeal would be listed in its due course at the earliest. Hence, unless the sentence imposed on the applicant by the impugned judgment is suspended during the pendency of the said appeal, he would be highly prejudiced. 7. Accordingly, the sentence imposed on the applicant by the impugned judgment is hereby suspended till the pendency of the connected Criminal Appeal No. 127/2025. 8. The applicant is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount, in connection with Sessions Case No. 55/2022 subject to the satisfaction of the learned Additional Session Page No.# 4/4 Judge, Dhubri, with the condition that in the event of dismissal of the connected Criminal Appeal No. 127/2025, the applicant shall surrender before the Trial Court to serve out the sentence imposed on him by the impugned judgment. 9. With the above observation this Interlocutory Application is disposed of. JUDGE Comparing Assistant