Page No.# 1/2 GAHC010167222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/819/2025 PREMESWAR CHOUTAL S/O. LT. PUNU CHOUTAL R/O. OHAT P/O. LALUK PIN-784160 PS. LALUK DIST. LAKHIMPUR ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. S DIHINGIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 04.08.2025 Heard Mr. S. Dihingia, learned counsel for the applicant-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party, State of Assam. The instant interlocutory application is preferred seeking suspension of execution of the Page No.# 2/2 sentence passed against the applicant-appellant and for his release on bail. The applicant as the appellant has preferred the accompanying appeal, Criminal Appeal no. 293/2025 against a Judgment and Order dated 21.06.2025 passed by the Court of learned Additional Sessions Judge [FTC], Lakhimpur, North Lakhimpur in Sessions Case no. 134[NL]/2018. By the Judgment and Order dated 21.06.2025, the applicant-appellant has been convicted for the offence under Section 326, Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 20,000/-, in default of payment of fine, to suffer further rigorous imprisonment for a period of sixty days. It has emerged from the evidence on record with that in an incident occurred on a plot of land which was under continuous occupation of the accused persons, that is, the family of the applicant-appellant, the injured sustained injuries on his person. According to the prosecution case, the applicant-appellant was instrumental in inflicting injuries by bow and arrow. The injured person was employed in the disputed plot of land by his employer as a mason to construct a boundary wall. Having considered the projections made in the instant interlocutory application and the evidence of the prosecution witnesses, more particularly, the testimony of P.W.4, P.W.5 and P.W.6, this Court is of the view that the applicant-appellant has made out a prima facie case as regards his interim prayer. Accordingly, it is ordered that the execution of the sentence passed against the applicant-appellant shall remain suspended till disposal of the criminal appeal, Criminal Appeal no. 293/2025, which has already been admitted today for hearing. It is further ordered that the applicant-appellant shall be allowed to go on bail on furnishing a bail bond of Rs. 10,000/- with one local surety of the like amount to the satisfaction of the learned jurisdictional Trial Court. The interlocutory application is disposed of in the afore-stated terms. JUDGE Comparing Assistant