Page No.# 1/2 GAHC010153532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/768/2025 JAYANTA CHOUHAN SON OF SRI MITHUN RAM CHOUHAN R/O VILLAGE NO 1 MORAKOLONG P/S. AND DIST. MORIGAON ASSAM-782105 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:CHAMPA SARKAR (MOTHER OF THE VICTIM) D/O NARESH SARKAR R/O VILLAGE MORAKOLONG P/S. AND DIST. MORIGAON-782105 ------------ Advocate for : DARAK ULLAHAdvocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 30.07.2025 Heard Mr. D. Ullah, learned counsel for the applicant-appellant and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. This interlocutory application under Section 430 of Bharatiya Nagarik Suraksha Sanhita Page No.# 2/2 [BNSS], 2023 is preferred seeking suspension of the sentence passed against the applicant- appellant by a Judgment and Order dated 11.06.2025 and allow him to remain on previous bail. The applicant as the appellant has preferred the connected criminal appeal against a Judgment and Order dated 11.06.2025 passed by the Court of learned Additional Sessions Judge –cum- Special Judge [POCSO], Morigaon in POCSO Case no. 16/2019, which arose out of Morigaon Police Station Case no. 643/2018. By the Judgment and Order dated 11.06.2025, the applicant-appellant has been convicted for the offences under Section 354, Section 325 and Section 324, Indian Penal Code [IPC]. For the offence under Section 354, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 3,000/- with default stipulation; for the offence under Section 325, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- with default stipulation; and for the offence under Section 324, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for one year. The sentences are ordered to run concurrently. Mr. Ullah, learned counsel for the applicant-appellant has submitted that the applicant- appellant has been allowed to go on fresh bail by the learned Special Judge [POCSO], Morigaon in terms of the provisions of sub-section [3] of Section 430, BNSS. Having considered the period of sentences passed against the applicant-appellant, which are ordered to run concurrently, and upon perusal of the materials on record, this Court is of the considered view that the applicant-appellant has made out a case for suspension of the sentences. As the connected criminal appeal has already been admitted, it is ordered that till disposal of the appeal, the sentences passed against the applicant- appellant shall remain suspended and the applicant-appellant shall remain on previous bail as already allowed by the learned Special Court. The interlocutory application is disposed of in the above terms. JUDGE Comparing Assistant