Page No.# 1/4 GAHC010141712025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/798/2025 CHANDRA SHARMA S/O. LT. NARAHARI SHARMA R/O. P.P ROAD HAWELIA RESIDENCY P/S. PALTAN BAZAR KAMRUP (M) ASSAM PIN-781008 VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:NITIN JAIN S/O. LT. DHANYA KUMAR JAIN RESIDENT OF H/NO. 4A JAINAM ENCLAVE SANTIRAM DAS PATH REHABARI-781008 P/S. PALTAN BAZAR DIST. KAMRUP (M) ASSAM. ------------ Advocate for : MR H BETALA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.09.2025 1. Heard Mr. H. Betala, the learned counsel for the applicant/appellant. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent as well as Mr. S. Das, the learned counsel appearing on behalf of Mr. S. Nawaz, the learned Legal Aid Counsel, appearing for the respondent No. 2/informant. 2. This Interlocutory Application has been filed under Section 430 read with Section 528 of the BNSS, 2023 by the applicant/appellant, namely, Chandra Sharma, praying for suspension of sentence imposed on him by the judgment dated 15.05.2025, passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Guwahati, Kamrup (M) in Sessions Special Case No. 193/2023. 3. By the said judgment, the applicant/appellant was convicted under Section 8 of the POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo additional simple imprisonment for a period of 6 months. 4. The learned counsel for the applicant/appellant has submitted that the applicant/appellant has impugned the aforesaid judgment by preferring a connected Criminal Appeal No. 267/2025, which is admitted for hearing. 5. He also submits that since the applicant/appellant has been convicted, he also submits that the applicant/appellant is hopeful of getting a favorable result in the connected appeal filed by him. He, however, submits that since the Page No.# 3/4 sentence imposed on the applicant/appellant is for a short term period of 3 years only, unless the said sentence is suspended during the pendency of the connected criminal appeal, there is a likelihood of the criminal appeal becoming infructuous, if sentence is allowed to run concurrently during the said appeal and the applicant/appellant will be highly prejudiced by the said fact. 6. I have considered the submissions made by learned counsel for both sides. 7. The connected Criminal Appeal No. 267/2025, has already been admitted for hearing and since, the sentence imposed on the applicant/appellant is for a short period of 3 years only, this Court is of considered opinion that this is a fit case, where the powers under Section 430 of the BNSS, 2023 may be invoked to suspend the execution of the sentence imposed on the applicant/appellant during the pendency of the connected criminal appeal, which this Court hereby does. 8. In the meanwhile, during the pendency of the Criminal Appeal No. 267/2025, the applicant/appellant is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Guwahati, Kamrup (M) with the condition that in the event of dismissal of the connected Criminal Appeal No. 267/2025, the applicant/appellant shall surrender before the Trial Court to serve out the sentence imposed on him by the impugned judgment. Page No.# 4/4 9. With the above observation this Interlocutory Application is disposed of. JUDGE Comparing Assistant