Page No.# 1/3 GAHC010167342025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/805/2025 KANU DAS AND ANR. S/O. LT. NAKUL DAS, VILL. DAKBANGLOW (BARJALENGA), P/S. SILCHAR, DIST. CACHAR, ASSAM 2: PIKLU DAS S/O. LT. NAKUL DAS VILL. DAKBANGLOW (BARJALENGA) P/S. SILCHAR DIST. CACHAR ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS A BEGUM, MS S R MAZARBHUIYA,MR. JUNM LASKAR,MR. A M BARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14-10-2025 Heard Mr. A.M. Barbhuiya, learned counsel for the applicants/appellants. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State. Page No.# 2/3 The instant Interlocutry Application is filed for seeking suspension of execution of the sentence passed against the accused applicants/appellants and for their release on bail. The applicant as appellants have preferred the accompanying appeal i.e. Crl.A. 281/2025 against the judgment dated 19.06.2025 passed by the learned Additional Sessions Judge, FTC, Cachar, Silchar in Sessions Case No.87/2011, whereby, the applicant/appellants have been convicted for sentence under Section 304 Part-II, Section 341, Section 325 read with Section 34 IPC. By the aforesaid judgment, the applicants/appellants have been sentenced to undergo R.I. for 7 years each and to pay a fine of Rs.10,000/- with default stipulation; for the offence under Section 325 IPC, the applicant/appellants have been sentenced to undergo SI for one year each and to pay a fine of Rs.3,000/- each with default stipulation; for the offence under Section 341/34 IPC, the applicant/appellants have been sentenced to pay a fine of Rs.1,000/- each on default stipulation. The sentences are ordered to run consecutively. Learned counsel appearing for the applicants/appellants submits that one of the accused namely Kamalendu Deb @ Konu who was also convicted by the aforesaid judgment dated 19.06.2025 has also filed a criminal appeal i.e. Crl.A. 290/2025 before this Court which has already been admitted. He further submits that while considering I.A.(Crl.) 815/2025 filed by the aforesaid Kamalendu Deb @ Konu, the Coordinate Bench of this Court has already granted him bail vide order dated 19.09.2025. In view of such granting of bail to the aforesaid Kamalendu Deb @ Konu, he submits that the present applicants/appellants are also similarly situated as they are also convicted by the same judgment dated 19.06.2025 under the same Sections i.e. Section 304 Part-II, Section 341, Section 325 read with Section 34 IPC. Accordingly, he submits that in the instant matter also the applicant/appellants should be allowed to go on bail by suspending the judgment dated 19.06.2025. On the other hand, learned Additional Public Prosecutor for the State submits that ideally this Court should consider the suspension of the sentence after perusal of the Trial Court Record. However, since the Coordinate Bench of this Court has already granted bail to the applicant therein who has also been convicted by the same judgment dated 19.06.2025, he does not have any objection in granting bail to the applicants/appellants in the instant case. After hearing the learned counsel for the parties, this Court is of the considered view that since Page No.# 3/3 the connected appeal has already been admitted for hearing and the sentence is imposed on the applicants/appellants are for short terms of 7 years each, and in view of the order passed by the Co- ordinate Bench in the I.A.(Crl.) 815/2025 in Crl.A. 290/2025, the execution of sentence imposed by the impugned judgment should be stayed and the applicants/appellants are directed to be allowed to go on bail on furnishing bail bonds of Rs.30,000/- (rupees thirty thousand) each with one surety of the like amount to the satisfaction of the learned Additional Sessions Judge (FTC), Cachar in Sessions Case No.87/2011 with the condition that in the event of dismissal of the connected Crl.A. No.281/2025, the applicants/appellants shall surrender before the trial Court to serve the remaining part of their sentences imposed by the impugned judgment. In view of the aforesaid findings, the instant Interlocutory Application stands disposed of as allowed. JUDGE Comparing Assistant