Page No.# 1/3 GAHC010120392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/597/2025 PRITISH GUPTA S/O. LT. BENUBHUSAN GUPTA R/O. ODALBAKRA LALGANESH BIBEKANANDA PATH P/S. DISPUR DIST. KAMRUP (M) ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. I U CHOWDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : --27.06.2025 Heard Mr. I. U. Chowdhury, learned counsel appearing for the applicant. Also heard Mr. R. J. Barua, learned Additional Public Page No.# 2/3 Prosecutor, appearing for the State respondent. 2. By way of this interlocutory application, the applicant, i.e., Sri Pritish Gupta, is seeking suspension of the impugned conviction and sentence order dated 15.05.2025 and 19.05.2025 respectively, passed by the learned Special Judge, Assam, Guwahati (hereinafter referred to as the “trial court”), in Special Case No.25/2018, whereby the applicant was convicted under Section7/13(1)(d)(ii) of Prevention of Corruption Act, and sentenced to undergo Rigorous Imprisonment for 3(three) years and also to pay a fine of Rs.2,000/-, in default of fine to Simple Imprisonment for 3(three) months under Section 7 of the Prevention of Corruption Act and also sentenced to undergo Rigorous Imprisonment for 4(four) years and also to pay fine of Rs.3,000/-, in default of fine, Simple Imprisonment for 3(three) months under Section 13(1)(d)(ii) of Prevention of Corruption Act. 3. The brief facts of the case are that the trial court upon completion of the trial convicted the applicant as stated above by the impugned judgment dated 15.05.2025 and order dated 19.05.2025, and accordingly, the applicant, who was under bail during the trial was arrested. Aggrieved by the impugned conviction and order of the trial court, the accompanying criminal appeal has been filed along with the instant interlocutory application for suspension of the aforesaid conviction along with the prayer for releasing the applicant on bail. 4. I have given my prudent consideration to the argument advanced by the learned counsels for both the parties and also perused the material available on record. Page No.# 3/3 5. It appears that the grounds urged in support of the prayer made in the interlocutory application are of substantial grounds. It further appears that the prosecution has not made out any exceptional ground for refusing the prayer of suspending the impugned conviction and sentence as prayed for. 6. Accordingly, in view of the principles laid down by the Apex Court in the case of Kiram Kumar V. State of M.P., reported in 2001 (9) SCC 211, this court deems it appropriate to suspend the impugned conviction and sentence pending adjudication of the criminal appeal. As such, the it is provided that the operation of the impugned judgment dated 15.05.2025 and order dated 19.05.2025, passed by the trial court in Special Case No.25/2018 shall remain suspended until further orders. 7. In view of the above, the applicant i.e., Sri Pritish Gupta, is directed to be released forthwith upon furnishing bail-bond of Rs. 50,000/-(rupees fifty thousand) with one surety of like amount, to the satisfaction of the learned Special Judge, Assam, Guwahati. 8. The interlocutory application accordingly stands disposed of. JUDGE Comparing Assistant