Page No.# 1/5 GAHC010144142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/699/2025 JITEN BORAH S/O SRI GOBIN BORAH RESIDENT OF VILLAGE PULUNGANI PS JENGRAIMUKH DIST MAJULI ASSAM 2: NABAJIT BORAH S/O SRI GOBIN BORAH RESIDENT OF VILLAGE PULUNGANI PS JENGRAIMUKH DIST MAJULI ASSAM 3: SRI BISWAJIT BORAH S/O SRI KAMAL BORAH RESIDENT OF VILLAGE MUDOIBIL NABARATANPUR PS JENGRAIMUKH DIST MAJULI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM 2:SRI MOHENDRA BORAUH Page No.# 2/5 S/O LABURAM BORUAH RESIDENT OF POTIORI GAON PO SAMAGURI SATRA PS MAJULI DIST MAJULI ASSAM ------------ Advocate for : MR. B K MAHAJAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : --27.06.2025 Heard Mr. B.K. Mahajan, learned counsel appearing for the applicant. Also heard Mr. B. Sharma, learned Addl. Public Prosecutor for the State Respondent. 2. By way of this application, the petitioner is seeking suspension of sentence and for allowing the petitioner to remain on previous bail. 3. The brief facts of the case is that on 19/1/2022 the informant, namely, Mohendra Boruah lodged an Ejahar before the Officer-in-Charge of Jengraimukh Police Station alleging inter-alia that on 7/5/2019 his daughter, namely, Sangita Boruah had eloped with accused Jiten Borah and thereafter she lived together as husband and wife in Guwahati with Jiten Borah. After one year, they came back to the parental house of Jiten Borah at Pulungani, Majuli. After their marriage, her husband Jiten Page No.# 3/5 Borah, his elder brother Nabajit Borah and Biswajit Borah assaulted the victim physically and committed cruelty upon her mentally on trivial grounds. On many occasions, they assaulted her by demanding dowry in the form of money. The victim girl informed the informant about the above incident. The informant refrained from taking help of the law in the OTAR Land drove her out from the matrimonial house. The family of interest of protecting her married life. On 16/1/2022, the accused persons assaulted the victim physically and mentally She was subjected to acute physical and mental agony. 4. Upon receiving the aforesaid FIR, a case was registered. Thereafter the charge sheet was submitted against the accused/petitioners under Section 498(A) of IPC. Accordingly, trial commenced wherein 11 Nos. of Prosecution Witnesses including the Investigating Officer and Medical Officer were examined and the accused/peititioners was examined under Section 313 of the Cr.P.C. Upon closing of the evidence, the Trial Court convicted the accused/petitioners under Section 498 (A) and sentenced them to undergo Simple Imprisonment for 1 year and to pay a fine of Rs. 25,000/-, in default of payment, to undergo simple imprisonment for a term of another 6 months each vide Judgment & Order dated 22.05.2024. Page No.# 4/5 5. Against the aforesaid Judgment of the Trial Court, an appeal was filed wherein the Appellate Court was pleased to dismiss the said appeal and affirmed the conviction and sentence passed by the learned Trial Court. Accordingly, the accompanying Criminal Revision Petition has been filed. 6. In view of the fact that the Appellate Court while dismissing the appeal directed the appellant to surrender before the Trial Court within 30 days from the date of the Appellate Court’s judgment, the applicants have filed the accompanying Criminal Revision Petition within the period of 30 days along with the present Interlocutory Application seeking suspension of the aforesaid conviction and sentence and for allowing the applicant to remain on the previous bail. 7. Mr. B.K. Mahajan, learned counsel for the applicant submits that the accused/petitioners were on bail during the trial and has not taken any undue advantage of the liberty granted by the Investigating Officer under Section 41 A of Cr.P.C. 8. I have heard the learned counsels for the parties and have also perused the materials available on record. 9. It appears that the grounds urged in the Criminal Revision Petition Page No.# 5/5 are substantial grounds. No exceptional case had been made out by the prosecution to refuse the prayer of allowing the applicant to remain on previous bail and to suspend the operation of the impugned conviction and sentence. 10. Accordingly, the Interlocutory Application is allowed. 11. It is provided that the operation of the Judgment & Order dated 22.05.2024 passed by the learned Chief Judicial Magistrate, Majuli in P.R.C. No. 20/2022 (G.R. Case No. 17/2022) arising out of Jengraimukh P.S. Case No. 09/2022 and Judgment and Order dated 11.06.2025 passed by the learned Sessions Judge, Majuli in Criminal Appeal No. 4/2024 shall remain suspended until further orders. 12. In view of the above, the accused/petitioners i.e. Sri Jiten Borah, Sri Nabajit Borah and Sri Biswajit Borah shall remain on previous bail pending adjudication of the accompanying Criminal Revision Petition. Disposed off. JUDGE Comparing Assistant