Page No.# 1/5 GAHC010144162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/698/2025 JITEN BORAH S/O SRI GOBIN BORAH RESIDENT OF VILLAGE PULUNGANI PS JENGRAIMUKH DIST MAJULI ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:SMTI SANGITA BORAH D/O SRI MOHENDRA BORAH RESIDENT OF POTIORI GOAN PO SAMAGURI SATRA PS MAJULI DIST MAJULI ASSAM ------------ Advocate for : MR. B K MAHAJAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/5 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 the complainant, namely, Sangita Borah submitted a Complaint Petition bearing Petition No. 58/2022 against Sri Jiten Borah stating that the complainant and accused Jiten Borah solemnized love marriage on 7/5/2019 and thereafter they used to live in Hengerabari, Guwahati as husband and wife. Initially they spent good times but gradually the accused started abusing her on trivial matters. At one point of time they came to Majuli and stayed at her matrimonial home. The family members of the accused person did not like her and started committing cruelty upon her by demanding dowry. During April, 2020 while she was at her husband's house then her brother-in-law Sri Nabajit Borah assaulted her. They administered her lots of medicines including pregnancy termination and treatment of Page No.# 3/5 mental patients. On 17/1/2022, the family members of her husband confined her inside a room and assaulted her. On the next day at about 4 AM she started shouting and then her door was opened. Later on, she took shelter at her paternal house and lodged at FIR on 19/1/2022 at Majuli Police Station. 4. Upon receiving the aforesaid FIR, a case was registered. Thereafter, the charge sheet was submitted against the accused/petitioner under Section 406 of IPC. Accordingly, trial commenced wherein 4 Nos. of Prosecution Witnesses were examined and the accused/petitioner was examined under Section 313 of the Cr.P.C. Upon closing of the evidence, the Trial Court convicted the accused/petitioner under Section 406 and sentenced them to undergo Simple Imprisonment for 1 year and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo simple imprisonment for a term of another 2 months each vide Judgment & Order dated 22.05.2024. 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 Page No.# 4/5 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 applicant has 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. 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 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 Page No.# 5/5 22.05.2024 passed by the learned Chief Judicial Magistrate, Majuli in C.R. Case No. 26/2022 and Judgment and Order dated 11.06.2025 passed by the learned Sessions Judge, Majuli at Garamur in Criminal Appeal No. 5/2024 shall remain suspended until further orders. 12. In view of the above, the accused/petitioner i.e. Sri Jiten Borah, shall remain on previous bail pending adjudication of the accompanying Criminal Revision Petition. Disposed off. JUDGE Comparing Assistant