Page No.# 1/3 GAHC010178212024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/829/2024 BABUL CHOUDHURY S/O NUR HUSSAIN CHOUDHURY, RESIDENT OF VILLAGE DEUCHUNGA, PS GORESWAR, DIST BAKSA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:AYESHA KHATUN W/O ABDUL HAQUE RESIDENT OF VILLAGE NAMATI PS GHOGRAPAR DIST NALBARI ASSAM 78134 Advocate for the Petitioner : MR. D BORA, MR. A CHAUDHURY,MR. P K DAS,MR. N MAHAJAN Advocate for the Respondent : PP, ASSAM, MR. H NATH(R-2),MR. R A PRAMANIK(R-2),MR. A K BARUAH (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA HONOURABLE MR. JUSTICE K. SEMA ORDER Date : 04.04.2025 (P. J. Saikia, J) 1. Heard Mr. N. Mahajan, learned counsel for the applicant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 430(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for suspension of sentence and for allowing the applicant to go on bail. 3. The appellant was convicted under Section 363 of the Indian Penal Code and under Section 6 of the POCSO Act. 4. During the pendency of the case before the Trial Court, the girl, who was 17 years and 5 months of age on the time of occurrence had filed an application before the Trial Court praying for permission to compound the offence and to acquit the applicant. She claimed that she had gone with the applicant on her own so that she can marry him. 5. We have considered the submissions made by learned counsel for both the sides. 6. Under the given circumstances, this Court is of the opinion that the prayer of the applicant deserves to be allowed. 7. Therefore the sentences imposed upon the applicant Sri. Babul Choudhury by Page No.# 3/3 the learned Special Judge, POCSO, Nalbari in Session Special (POCSO) Case No.202/2023 shall remain suspended till disposal of the connected Appeal. 8. The applicant Sri. Babul Choudhury shall be allowed to go on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Nalbari, Assam. 9. The I.A stands disposed of. JUDGE JUDGE Comparing Assistant