Page No.# 1/3 GAHC010131852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/659/2025 SAITUL ISLAM S/O. JOYNAL ISLAM R/O. SUTRADAL P/S JAGIROAD DIST. MORIGAON ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP ASSAM. 2:ABDUL KHALEK SHEIKH S/O. LT. SUKUR MAMUD R/O. VILL.- KAHIKUCHI (TOPATOLI) P/S. KHETRI DIST. KAMRUP (M0 ASSAM PIN-782403. ------------ Advocate for : MS M MEDHI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : --06.08.2025 Heard Mr. R. Hussain, learned counsel for the applicant-appellant; Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam; and Mr. H. Das, learned counsel for the opposite party-respondent no. 2. 2. This instant application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred seeking suspension of execution of the sentence passed against the applicant-appellant and for his release on bail. 3. The applicant as the appellant has preferred the accompanying criminal appeal, Criminal Appeal no. 223/2025 and the criminal appeal has already been admitted for hearing on 24.06.2025. 4. The applicant-appellant has preferred the criminal appeal against Judgment dated 28.05.2025 and an Order on Sentence dated 03.06.2025 passed by the Court of learned Additional Sessions Judge – cum – Special Judge, POCSO, Kamrup [Metro] at Guwahati [‘the Special Court’, for short] in Sessions [Spl] Case no. 192/2023. In the course of the trial, the Special Court framed charges against the applicant-appellant under Section 366 of the Indian Penal Code [IPC] and Section 4 of the Protection of Children from Sexual Offences [POCSO] Act, 2012. While delivering the impugned Judgment and Order on Sentence, the applicant- appellant has been convicted for the offence under Section 366, IPC and he has been sentenced to undergo rigorous imprisonment for 4 [four] years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for another six months. The Special Court had acquitted the applicant-appellant from the charge under Section 4, POCSO Act. 5. It has been highlighted that the victim while deposing as PW-1, during cross- examination, disclosed that she voluntarily went with the applicant-appellant. The I.O. in his testimony given as PW-3 stated that the victim also eloped with the applicant-appellant Page No.# 3/3 earlier. 6. Having regard to the projections so made, this Court is of the considered view that the applicant-appellant has made out a prima facie case for suspension of execution of the sentence passed against him. 7. It is accordingly ordered that pending disposal of the appeal, the execution of the sentence passed against the applicant-appellant shall remain suspended and the applicant- appellant shall be allowed to go on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the learned Trial Court. JUDGE Comparing Assistant