Page No.# 1/4 GAHC010121392025 2025:GAU-AS:12592 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/591/2025 MUSTT JUSNA BEGUM ALIAS JYOTSHNA BEGUM W/IO LT. TAJAMAL KHAN R/O VILL- MORNOI GAON P.O. BIHPURIA P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:PALASH PRATIM GOGOI SI OF POLICE OF BIHPURIA P.S. P.S. BIHPURIA DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MR S GOGOI, MS G GOGOI,MS A GOGOI Advocate for the Respondent : PP, ASSAM, In Crl. A. Case No. 228/2025 With Crl. A. Case No. 228/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 15.09.2025 Page No.# 2/4 1. Heard Mr. S. Gogoi, the learned counsel for the applicant. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 430 of the BNSS, 2023 has been filed by the applicant, namely, Mustt. Jusna Begum @Jyotshna Begum, who is praying for suspension of sentence imposed on her by the judgment and order dated 10.03.2025, passed by the learned Special Judge, Lakhimpur, North Lakhimpur in Special NDPS Case No. 5/2022, whereby, the petitioner/applicant was convicted under Section 21(b) of the NDPS Act, 1985 and was sentenced to undergo rigorous imprisonment for 5(five) years and to pay a fine of Rs. 30,000/- and in default of payment of fine to undergo simple imprisonment for 3(three) months. 3. The learned counsel for the applicant has submitted that the petitioner has impugned the aforesaid judgment by filing a connected Criminal Appeal No. 228/2025. 4. He submits that as the seized contraband was not found from the conscious possession of the present petitioner, she is hopeful of getting a favourable result in the connected Criminal Appeal filed by her. 5. The learned counsel for the applicant has however submitted that as the sentence imposed on the petitioner is of imprisonment for 5(five) years only, which may be regarded as a sentence of short term imprisonment. He may be allowed to go on bail after suspending the execution of the sentence imposed on him. Otherwise, the purpose of filing the criminal appeal by the petitioner may become infructuous. Page No.# 3/4 6. On the other hand, the learned Additional Public Prosecutor has submitted that in this case, notice on the respondent No. 2 has not yet been served. 7. He also submits that the petitioner has been rightly convicted by the Trial Court on the basis of the evidence adduced against him during the trial. 8. I have considered the submissions made by the learned counsel for both sides. Since, the Investigating Officer has been made as a respondent in this case and there is no such legal requirement of making the Investigating Officer a party in an application under Section 430 of BNSS, 2023 notice to the said respondent is waived. 9. It also appears that the sentence imposed on the petitioner is for a period of 5(five) years and she has already been detained behind the bars for the last 254 days. Hence, considering the sentence imposed on the petitioner, to be a short term sentence of 5(five) years and also considering the number of criminal appeals pending before this Court, this Court is inclined to suspend the execution of sentence imposed on the petitioner by invoking its powers under Section 430 of BNSS, 2023. 10. Accordingly, the sentence imposed on the petitioner by the impugned judgment is hereby suspended during the pendency of the connected criminal appeal No. Crl.A. No. 228/2025. The petitioner is also allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount, subject to the satisfaction of the learned Special Judge, Lakhimpur, North Lakhimppur, with a condition that in the event of dismissal of the Page No.# 4/4 connected criminal appeal No. 228/2025, the petitioner shall surrender before the Trial Court to serve out the remaining part of the said trial imposed on her by the impugned judgment. 11. This Interlocutory Application is accordingly disposed of. JUDGE Comparing Assistant