Page No.# 1/3 GAHC010135262025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/700/2025 MONI KANTA NATH SON OF LATE NARAYAN NATH RESIDENT OF VILLAGE MAGONI KACHARI P/S. GOHPUR DIST. BISWANTH ASSAM VERSUS STATE OF ASSAM AND ANR. REPRESENTED BY THE PP ASSAM 2:PARVATI GOUR WIFE OF SRI ANIL GOUR RESIDENT OF MAGONI KACHARI P/S. GOHPUR DIST. BISWANATH ASSAM ------------ Advocate for : MR. S BORUAH Advocate for : PP ASSAM appearing for STATE OF ASSAM AND ANR. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.09.2025 1. Heard Mr. K. Sarma, the learned counsel for the applicant. Also heard Ms. M. Das, the learned Additional Public Prosecutor for the State respondent. 2. This Interlocutory Application has been filed by the applicant, namely, Moni Kanta Nath under Section 430 of BNSS, 2023, praying for suspension of the sentence imposed on him by the judgment and order dated 29.05.2025 passed by the learned Sessions Judge, Biswanath, whereby the applicant was convicted along with one another co-accused under Sections 307/326/341/34 of the Indian Penal Code. 3. The applicant was sentenced to undergo rigorous imprisonment for 5 years under Section 307 of the Indian Penal Code. He was also sentenced to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo simple imprisonment for 3 months. The applicant was convicted under Section 326/34 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 5000/- and in default of payment of fine to undergo simple imprisonment for 1 month. He was also convicted under Sections 341/34 of the Indian Penal Code and was sentenced to undergo simple imprisonment for 15 days. 4. The learned counsel for the applicant has submitted that the applicant has impugned the aforesaid judgment in connection Criminal Appeal No. 235/2025 and is hopeful of getting a favourable result in this said appeal. 5. He, however, submits that since the applicant has been sentenced to a short term imprisonment of 5 years only, hence unless the execution of sentence imposed on him by the impugned judgment is stayed during Page No.# 3/3 dependency on the connected Criminal Appeal No. 235/2025, he shall be highly prejudiced. 6. I have considered the submissions made by the learned counsel for both sides. 7. Since in this case the appeal filed by the applicant has already been admitted for hearing and since the sentence imposed on the applicant is a short term imprisonment of 5 years only, this Court is of opinion that this is a fair case to invoke the powers of this Court under Section 430 of the BNSS, 2023 and to suspend the sentence imposed on the applicant during dependency of the connected Criminal Appeal which this Court accordingly does. 8. The applicant is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Sessions Judge, Biswanath with the condition that in the event of dismissal of the connected Criminal Appeal No. 235/2025, the applicant shall surrender before the Trial Court to serve out the sentence imposed on him by the impugned judgment. 9. With the above observation, this Interlocutory Application is disposed of. JUDGE Comparing Assistant