Page No.# 1/3 GAHC010180472023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/767/2023 RAKESH CHANDRA RAY S/O LATE RATAN CHANDRA RAY R/O KAWATIKA P.S.- BIJNI DIST.- CHIRANG. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P. ASSAM. 2:PRAN BALA BARMA W/O LATE NALU RAM BARMAN R/O BARCHARA GAON P.S.- BONGAIGAON DIST.- BONGAIGAON. ------------ Advocate for : MR. S BISWAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. inCRL.A(J)/94/2023 RAKESH CHANDRA RAY S/O LATE RATAN CHANDRA RAY, R/O KAWATIKA, P.S.- BIJNI, DIST.- CHIRANG. VERSUS Page No.# 2/3 THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM. 2:PRAN BALA BARMA W/O LATE NALU RAM BARMAN R/O BARCHARA GAON P.S.- BONGAIGAON DIST.- BONGAIGAON Advocate for the Petitioner : MR. S BISWAS, Advocate for the Respondent : PP, ASSAM, MR. T DEURI, AMICUS CURIAE FOR R-2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.05.2025 Heard Mr. S Biswas, the learned counsel appearing for the applicant. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. T Deuri, the learned Amicus Curiae appearing for the respondent No 2. 2. This application has been filed under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension of sentence imposed upon the applicant Rakesh Chandra Ray by the learned Special Judge, Bongaigaon in Special (P) Case No. 13(BGN)/2022 as well as for allowing the applicant to go on bail. 3. The applicant was convicted and sentenced to undergo rigorous imprisonment for 10 years by the learned Special Judge, Bongaigaon in Special (P) Case No. 13(BGN)/2022. 4. I have considered the submissions made by the learned counsel of both sides. and also gone through the impugned judgment. I have also heard Mr. Deuri objected to the prayer for suspension of sentence and for releasing the applicant on bail. 5. Without expressing any opinion about the impugned judgment, this Court is of the opinion that the prayer made by the applicant deserves to be accepted at this stage. 6. Therefore, it is hereby directed that the sentence imposed upon the applicant Rakesh Chandra Ray by the learned Special Judge, Bongaigaon in Special (P) Case No. 13(BGN)/2022 Page No.# 3/3 shall remain stayed till disposal of the connected appeal. 7. The applicant Rakesh Chandra Ray is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Bongaigaon. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant