Page No.# 1/5 GAHC010125132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/652/2025 RATUL GOGOI S/O. SRI SUKHESWAR GOGOI R/O. NO. 2 MOTHADUNG GAON AKHOOIPHUTIA P/S. SIVASAGAR P/O. DIMOWMUKH DIST. SIVASAGAR ASSAM PIN-785663. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:NIPEN GOGOI S/O. SENIRAM GOGOI R/O. NO. 2 MOTHADUNG GAON AKHOOIPHUTIA P/S.SIVASAGAR P/O. DIMOWMUKH DIST. SIVASAGAR ASSAM PIN-785663 ------------ Advocate for : MR. D GOGOI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/5 Case No. : Crl.A./222/2025 RATUL GOGOI S/O. SRI SUKHESWAR GOGOI, R/O. NO. 2 MOTHADUNG GAON, AKHOOIPHUTIA, P/S. SIVASAGAR, P/O. DIMOWMUKH, DIST. SIVASAGAR, ASSAM, PIN-785663. VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:NIPEN GOGOI S/O. SENIRAM GOGOI R/O. NO. 2 MOTHADUNG GAON AKHOOIPHUTIA P/S.SIVASAGAR P/O. DIMOWMUKH DIST. SIVASAGAR ASSAM PIN-78566 Advocate for the Petitioner : MR. D GOGOI, MR H K BARUAH,MRS P DUTTA DHAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 24.06.2025 Heard Mr. D. Gogoi, learned counsel appearing for the applicant. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State Respondent. Page No.# 3/5 2. By way of this application under Section 430 of BNSS, 2023, the applicant is seeking suspension of execution of the impugned Judgment & Order dated 29.04.2025 passed by the learned Sessions Judge, Sivasagar, Assam, is Sessions Case 147(S-S)/2022, whereby the applicant was convicted under Section 341 IPC and sentenced for one month Simple Imprisonment and to pay a fine of Rs. 500/- in default, Simple Imprisonment for 15 days and under Section 324 IPC, Rigorous Imprisonment for 6 months and to pay a fine of Rs. 500/- in default, Simple Imprisonment for 15 days. 3. The brief facts of the case is that the applicant has been prosecuted and convicted in Sessions Case No. 147 (S-S)/2022 on 29.04.2025 by the learned Sessions Judge, Sivasagar and sentenced thereof. 4. Accordingly, the accompanying criminal appeal has been preferred. 5. The instant application has been filed for suspension of the execution of the aforesaid conviction and sentence and for allowing the petitioner to remain on previous bail. 6. Heard the learned counsels appearing for the parties and also perused the materials available on record. 7. The grounds in support of the prayer made in this application reads as under: “3. That on completion of the investigation, the Investigating Officer, having found sufficient materials against accused Ratul Gogoi submitted Charge Sheet against him before the learned Chief Judicial Magistrate, Sivasagar, vide Sivsagar P.S. Charge Sheet No. 418/2021 dated 31.10.2021 U/S 341/323/307 of IPC. However, the investigation officer prayed before the learned Chief Judicial Magistrate, Sivasagar, to Page No.# 4/5 discharge other accused from the case. 4. That the learned Chief Judicial Magistrate, Sivasagar, consequent upon the filing of the charge sheet, taken cognizance of the offence U/S 341/323/307 of IPC against the accused Ratul Gogoi and issued process to secure his attendance. Upon appearance of the accused, the learned Chief Judicial Magistrate, Sivasagar, committed the case record to the Court of learned Sessions Judge, Sivasagar being the case was a session triable case. 5. That upon receipt of the case record on commitment, a Session Case has been registered vide Sessions Case No. 147 (S-S) /2022 and the same has been transferred to the Court of learned Assistant Sessions Judge, Sivasagar for disposal and said learned court after receipt of the case record, having heard the learned counsels of both sides and having found prima facie materials u/s 341/326/307 IPC, framed a formal charge u/s 341/326/307 IPC against accused Ratul Gogoi. The accused denied guilt when the charge was read over and explained to him and claimed to be tried. 6. That the in order to prove its case, the Prosecution examined as many as 9 (nine) Nos. of witnesses out of which the witness No.7 has been declared hostile and the prosecution cross-examined him with the leave of the court. The defence side duly cross-examined all the prosecution witnesses except PW-5 and PW-6. Thereafter, the statement of the accused u/s 313 Cr.P.C has been recorded wherein the accused pleaded complete innocence.” Page No.# 5/5 8. Reading of the aforesaid paragraphs, it appears that there are substantial grounds urged in this appeal. It further appears that the petitioner has not taken any undue advantage during trial while was on bail. 9. In view of the above, the petitioner is allowed to remain on previous bail in connection with the Sessions Case No. 147 (S-S)/2022 pending disposal of the instant appeal. Further the operation of the Judgment & Order dated 29.04.2025 passed by the learned Sessions Judge, Sivasagar in Sessions Case No. 147 (S-S)/2022 shall remain suspended pending adjudication of the instant appeal. 10. Disposed off. JUDGE Comparing Assistant