Page No.# 1/3 GAHC010140642025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/692/2025 MITHUWEL TAPNA @ MITHUN TAPNA S/O LATE TINATUCH TAPNA R/O DOMAR DALONG GAON P.S. MORANHAT P.O. MORANHAT PIN 785670 DIST. CHARAIDEO ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM. ------------ Advocate for : MS. S G BARUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : --26.06.2025 Heard Ms. S. G. Baruah, learned counsel appearing for the applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. By way of this application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the accused/applicant i.e., Sri Mithuwel Tapna @ Mithun Tapna is seeking for suspension of the sentence passed by the learned Sessions Judge, Charaideo, Sonari, on 14.05.2025, in Sessions (CHA) Case No.05/2018 under Section 325 of the IPC, convicting the accused/applicant to undergo imprisonment for a period of 3(three) years and to pay a fine of Rs.2,000/- (two thousand), in default of payment of the fine, to undergo further imprisonment for a period of 1(one) month. 3. It appears that the accused/applicant was in jail during the trial and has not taken any undue advantage of the bail granted earlier. Further, the ground of challenge appears to be prima facie substantial grounds. It further appears that the learned Sessions Judge, Charaideo, on 14.05.2025, had allowed the accused/applicant to go on bail under Section 389(3) of the Cr.P.C., for a period of 2(two) months while passing the impugned conviction, and accordingly, the accused/applicant is presently on bail. 4. Accordingly, the operation of the impugned sentencing order dated 14.05.2025 passed by the learned Sessions Judge, Charaideo, Sonari, in Sessions (CHA) Case No.05/2018, shall remain suspended Page No.# 3/3 until further order. 5. Considering that the accused/applicant has not taken any undue advantage of the bail granted to him by the learned Sessions Judge, Charaideo, Sonari, this court allows the accused/applicant to remain on previous bail pending adjudication of the instant criminal appeal. 6. Accordingly, the interlocutory application stands disposed of. JUDGE Comparing Assistant