Page No.# 1/3 GAHC010152232025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/869/2025 HEMANTA DAIMARI S/O. ROBIRAM DAIMAIRY R/O. VILL.- JALLAH GAON BENGENABARI DIST. CHARAIDEO ASSAM PIN-785690. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP ASSAM. 2:JUGEN HALUWA S/O. DHARMA HALUWA R/O. VILL.- HOJON JALLAH GAON P/S. SONARI DIST. CHARAIDEO ASSAM PIN-785690. ------------ Advocate for : MR D K NATH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 13.08.2025 Heard Mr. D.K. Nath, learned counsel for the applicant-appellant and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam. 2. The instant interlocutory application under Section 430[2] Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is 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 under Section 415[2] of BNSS, 2023 against a Judgment dated 15.05.2025 and an Order on sentence dated 19.05.2025 passed by the Court of learned Sessions Judge, Charaideo at Sonari [‘Trial Court’] in Sessions [S-C] Case no. 187/2012. By the Judgment and Order on sentence, the Trial Court has inter-alia convicted the applicant-appellant for the offence under Section 202, Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,000/-, in default of payment of fine, to undergo simple imprisonment for another month. 4. As noted above, the applicant-appellant has been sentenced to undergo rigorous imprisonment for three years. Admittedly, during the period of investigation, the applicant- appellant has spent one month and twenty-eight days in custody and he has been allowed to remain on bail by the Trial Court after conviction under Section 430[3], BNSS. 5. The Hon’ble Supreme Court of India in Bhagwan Rama Shinde Gosai vs. State of Gujarat reported in [1999] 4 SCC 421, has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances. Page No.# 3/3 6. Having considered the period of sentence passed against the applicant-appellant; the period of custody the applicant-appellant already spent; and that the applicant-appellant has allowed to remain on bail by the Trial Court under Section 430[3], BNSS, this Court is of the considered view that the prayer made by the applicant-appellant for suspension of sentence pending disposal of the appeal can be allowed. 7. It is, therefore, ordered that pending disposal of appeal, which has already been admitted today for hearing, execution of the sentence passed against the applicant-appellant shall remain suspended and the applicant-appellant is allowed to be released on fresh bail subject to furnishing a bail bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of the Trial Court. 8. The interlocutory application stands disposed of in the afore-stated terms. JUDGE Comparing Assistant