Page No.# 1/3 GAHC010080202022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/211/2022 KARUNA RABHA S/O SIBARAM RABHA, RESIDENT OF VILLAGE OUGURI, PS CHAYGAON, DIST KAMRUP , ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:BIKASH RABHA S/O LATE SANURAM RABHA RESIDENT OF VILLAGE OUGURI PS CHAYGAON DIST KAMRUP ASSA Advocate for the Petitioner : MR. B DEKA, MR P DAS,A DAS,MR P PRAWAR Advocate for the Respondent : PP, ASSAM, MS. L DEVI (LEGAL AID COUNSEL FOR R-2) Linked Case : Crl.A./83/2022 KARUNA RABHA S/O SIBARAM RABHA RESIDENT OF VILLAGE OUGURI PS CHAYGAON DIST KAMRUP ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:BIKASH RABHA S/O LATE SANURAM RABHA RESIDENT OF VILLAGE OUGURI PS CHAYGAON DIST KAMRUP ASSAM ------------ Advocate for : MR. B DEKA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.05.2025 Heard Mr. P Das, the learned counsel appearing for the applicant. Also heard Mr. B Sarma, the learned Additional Public Prosecutor appearing for the State of Assam as well as Ms. L Devi, the learned Legal Aid Counsel appearing for the respondent No.2. 2. This application has been filed under Section 389 (2) of the Code of Criminal Procedure, 1973 praying for suspension of sentence imposed upon the applicant Karuna Rabha by the learned Additional Session Judge, Kamrup at Amingaon in Sessions Case No. 41/2018. 3. The applicant was convicted under Section 304 Part-II of the Indian Penal Code and he was sentenced to undergo rigorous imprisonment for 8 (eight) years. 4. Mr. Das has submitted that the applicant has already completed 3 (three) months 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. This Court is of the opinion that the prayer of the applicant deserves to be accepted. 7. Therefore, it is hereby directed that the sentence imposed upon the applicant Karuna Rabha Page No.# 3/3 by the learned Additional Session Judge, Kamrup at Amingaon in Sessions Case No. 41/2018 shall remain stayed till disposal of the connected appeal. 8. The applicant Karuna Rabha is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Session Judge, Kamrup at Amingaon. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant