Page No.# 1/3 GAHC010164442023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/652/2023 ANOWAR HUSSAIN @ KAIF S/O LATE REJIM UDDIN, VILL.- NA-KATANIKOIJAN GAON, P.O.- NA- KATANI, P.S.- SIVASAGAR, DIST.- SIVASAGAR, ASSAM, PIN- 785667. VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM. Advocate for the Petitioner : MR. S A AHMED, MISS M GOGOI,MR F A AHMED,A. KHANAM Advocate for the Respondent : PP, ASSAM, Linked Case : CRL.A(J)/90/2023 ANOWAR HUSSAIN @ KAIF S/O LATE REJIM UDDIN VILL.- NA-KATANIKOIJAN GAON P.O.- NA- KATANI P.S.- SIVASAGAR DIST.- SIVASAGAR ASSAM PIN- 785667. VERSUS Page No.# 2/3 THE STATE OF ASSAM REP. BY P.P. ASSAM. Advocate for : MR. S A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.04.2025 Heard Mr. S A Ahmed, the learned counsel appearing for the applicant. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application u/s 389 of the Code of Criminal Procedure, 1973 praying for suspension of sentence imposed upon the applicant by the learned Additional Sessions Judge, Sivasagar in Sessions Case No. 147(S-S)/2018 as well as for releasing the applicant on bail. 3. The applicant was convicted on 15.05.2023 by the learned Additional Sessions Judge, Sivasagar in Sessions Case No. 147(S-S)/2018 under Sections 448, 376(1) and 506 of the Indian Penal Code. 4. Mr. Goswami has objected to this application by pointing out to the evidence adduced by the prosecutrix. 5. I have considered the submissions made by the learned counsel of both sides. I have also gone through the FIR and the evidence of the victim woman. 6. The prayer of the applicant is allowed. 7. It is hereby directed that the sentence imposed upon the applicant by the learned Additional Sessions Judge, Sivasagar in Sessions Case No. 147(S-S)/2018 shall remain suspended till disposal of the connected appeal. 8. The applicant Md. Anowar Hussain @ Kaif, who was convicted by the learned Additional Sessions Judge, Sivasagar in Sessions Case No. 147(S-S)/2018, is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Page No.# 3/3 Sessions Judge, Sivasagar. With the aforesaid direction, the IA stands disposed of accordingly. JUDGE Comparing Assistant