Page No.# 1/3 GAHC010094602025 2025:GAU-AS:6836 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/520/2025 BIJOY BARMAN S/O SRI NARAYAN BARMAN, RESIDENT OF VILLAGE MURKUCHIABARI, PS BARAMA, DIST BAKSA, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:SMTI RANJU BAISHYA D/O SRI SARBAISHYA BISHYA RESIDENT OF VILAGE BUNBARI PS MUSHALPUR DIST BAKSA ASSAM 78137 Advocate for the Petitioner : MR. S SAHU, MS A ROY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 28-05-2025 Page No.# 2/3 Heard Mr. S. Sahu, the learned counsel for the applicant. Also heard Mr. M.P. Goswami, the learned Additional Public Prosecutor for State respondent no. 1 and Ms. D. Saikia, the learned Amicus Curiae for respondent no. 2. 2. This is an application u/s 389 of the Code of Criminal Procedure for suspension of sentence pending the appeal and release of the applicant Sri Bijoy Barman on bail who is undergoing imprisonment in connection with Special (POCSO) Case No. 52 of 2018. He has been behind bars since 29.06.2020. The applicant has preferred an appeal against the judgment and order dated 29.06.2020 in connection with Special (POCSO) Case No.52 of 2018 arising out of Criminal Appeal No. 185/2023. The petitioner was convicted u/s 363 IPC to undergo Rigorous Imprisonment for 3 years and pay a fine of Rs. 3,000/- and u/s 4 of the POCSO act to undergo Rigorous Imprisonment for 7 years and pay a fine of Rs. 10,000/- with default stipulation on each count. 3. it is submitted that the victim wilfully went with the petitioner on her own volition and on the false evidence of the victim and her family members the petitioner has been incarcerated for more than 5 years in connection with this case. 4. The learned Amicus Curiae Ms. D. Saikia has raised serious objection stating that this case has already been partly heard and this application may not be considered at this stage considering he gravity of offence. It is submitted that the case may be fixed for hearing and the petition may be disposed of. 5. The learned Additional Public Prosecutor Mr. M.P. Goswami has conceded to the submission of the learned Amicus Curiae. It is also submitted that this appeal has already been heard at length. 6. I have considered the submissions at the Bar with circumspection. Page No.# 3/3 7. The petitioner has already been incarcerated for more than half of the length of sentence imposed upon him. Considering all aspects and without going into the merits of the case the petitioner is allowed to go on bail. 8. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with 1 (one) surety of like amount to the satisfaction of the learned Trial Court, the appellant, namely, Bijoy Barman, be enlarged on bail. 9. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant