Page No.# 1/2 GAHC010172922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/864/2025 PRABHAT HAZARIKA S/O MAHESWAR HAZARIKA R/O VILL. RONGAJAN ABHOYPURIA P.O. MORONGI P.S. AND DIST. GOLAGHAT PIN 785702 ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM. ------------ Advocate for : MR. P DUTTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 12.08.2025 Heard Mr. P. Dutta, learned counsel for the applicant-appellant and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party-respondent, State of Assam. 2. The instant interlocutory application is preferred seeking suspension of execution of the sentence passed against the applicant-appellant and for his release on bail. 3. The applicant as the appellant has preferred the connected criminal appeal under Page No.# 2/2 Section 415 of BNSS, 2023 against a Judgment and Order dated 13.06.2025 passed by the Court of learned Additional Sessions Judge, Golaghat [‘the Trial Court’] in Sessions Case no. 98/2019. By the Judgment and Order dated 13.06.2025, the applicant-appellant has been convicted for the offences under Section 341, Indian Penal Code [IPC] and Section 354-A[1][i], IPC. For the offence under Section 341, IPC, the applicant-appellant has been sentenced to undergo simple imprisonment for a period of one month. For the offence under Section 354-A[1][i], IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/-, with default stipulation. The sentences are ordered to run concurrently. 5. As noted above, the applicant-appellant has been sentenced to undergo rigorous imprisonment for maximum one year. 6. The Hon’ble Supreme Court of India in Bhagwan Rama Shinde Gosai vs. State of Gujarat reported in [1999] 4 SCC 421, has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances. 7. Having considered the projection made and the period of sentence passed against the applicant-appellant, this Court is of the considered view that the applicant-appellant has made out a prima facie case for suspension of sentence pending disposal of the appeal. 8. It is, therefore, ordered that pending disposal of appeal, execution of the sentence passed against the applicant-appellant shall remain suspended and the applicant-appellant is allowed to be released on fresh bail subject to furnishing a bail bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of the Trial Court. 9. The interlocutory application stands disposed of in the afore-stated terms. JUDGE Comparing Assistant