Page No.# 1/3 GAHC010109042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/583/2025 in Crl.A. 205/2025 SADDAM HUSSAIN S/O. CHAN MAMMAD ALI, R/O. RADHA NAGAR, UPPER CHACHAL, P/S. DISPUR, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM. 2:KANGKAN BORA SUB-INSPECTOR OF POLICE P/S. DISPUR GUWAHATI-06 Advocate for the Petitioner : MR. T MOHAMMAD, MR. M K CHOUDHURY,J ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 19.09.2025 (M. Zothankhuma, J) Heard Mr. M. K. Choudhury, learned senior counsel for the applicant/appellant and Ms. B. Bhuyan, learned Addl. Public Prosecutor, Assam. No one appears for the respondent No. 2, even though it has been informed to Page No.# 2/3 us that the respondent No. 2 knows about the pendency of this case. 2. This is an application under Section 430 BNSS, seeking suspension of the execution of the sentence passed against the applicant/appellant and for releasing him on bail. 3. The applicant/appellant has preferred the accompanying Criminal Appeal No. 205/2025, assailing his conviction under Section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2016 and Section 376 of the IPC. However, in view of Section 42 of the POCSO Act, the applicant/appellant has been sentenced under Section 6 of the POCSO Act read with Section 9 of the Prohibition of Child Marriage Act, 2016. 4. The applicant’s counsel submits that the victim is his wife with whom he has a child. He submits that the alleged victim is not a victim in the true sense, inasmuch as the marriage was with the consent of both the parties. He also submits that the age of the victim was more than 17 years at the time of her marriage and his incarceration in jail is causing immense harm to his family. He accordingly prays that bail should be granted and the sentence should be suspended. 5. Ms. B. Bhuyan, learned Addl. Public Prosecutor submits that this Court may pass any order as it deemed fit. 6. On hearing the learned counsels for the parties and considering the testimony of the wife, who stated that the marriage between the parties was due to a romantic relationship, which resulted in a child being born to them and the fact that the question of the age of the victim would have to be considered, Page No.# 3/3 we are of the view that the applicant/appellant should be released on bail at this stage. 7. Accordingly, the applicant shall be released on bail on furnishing a bail bond of Rs.5,000/- with one surety of like amount to the satisfaction of the concerned Trial Court, i.e., the Sessions-cum-Special Judge, Kamrup (M), Guwahati in Special Case No. 263/2023. The sentence passed in pursuant to the impugned judgment dated 04.04.2025 in Special Case No. 263/2023 is accordingly suspended. 8. The I.A. is accordingly disposed of. JUDGE JUDGE Comparing Assistant