Page No.# 1/4 GAHC010184772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/926/2025 SAHIR AHMED BARBHUIYA AND 13 ORS S/O. SAMSUL HAQUE BARBHUIYA 2: MAMOUN AHMED BARBHUIYA S/O. SAMSUL HAQUE BARBHUIYA 3: RAFIQUE AHMED BARBHUIYA S/O. SAMSUL HAQUE BARBHUIYA 4: ALI AHMED BARBHUIYA S/O. SAIFUL HAQUE BARBHUIYA 5: NOOR AHMED BARBHUIYA S/O. SAIFUL HAQUE BARBHUIYA 6: ABDUS SALAM BARBHUIYA S/O. LT. HAMID BARBHUIYA 7: ABDUL KALAM BARBHUIYA @ ABUL KALAM BARBHUIYA S/O. LT. HAMID BARBHUIYA 8: NUR AHMED BARBHUIYA S/O. FAIZUR RAHMAN BARBHUIYA 9: ABDUL MUNIM BARBHUIYA S/O. LT. ABDUL GONI 10: ABDUL MUQUETH BARBHUIYA S/O. LT. ABDUL GONI 11: SAHIN AHMED LASKAR S/O. LT. SUNAHAR ALI LASKAR 12: FAROOQ AHMED BARBHUIYA @ FARUK AHMED BARBHUIYA Page No.# 2/4 S/O. SAIFUL HAQUE BARBHUIYA 13: MOKBUL AHMED BARBHUIYA S/O. SAMSUL HAQUE BARBHUIYA 14: BAHAR UDDIN BARBHUIYA S/O. MUSABBIR ALI BARBHUIYA ALL ARE R/O. VILL.- NIZ KATIGORAH PT-II P/O. AND P/S. KATIGORAH DIST. CACHAR ASSAM PIN-788805. VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM In Crl.A. Case No. 328/2025 ------------ Advocate for : MRS R CHETRI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.09.2025 1. Heard Mr. M.H. Rajbarbhuiyan, the learned counsel for the applicants. 2. This interlocutory application has been filed by the applicants, namely, 1. Sahir Ahmed Barbhuiya and 13 others, under Section 430 of the BNSS, 2023, praying for suspension of sentence imposed on the applicants by judgment and Page No.# 3/4 order dated 25.07.2025, passed by the Court of the learned Additional Sessions Judge (FTC), Cachar, in Sessions Case No. 6/2013, whereby, the appellants were convicted under Section 147 of the Indian Penal Code, 1860 and were sentenced to undergo imprisonment for 3(three) months and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further simple imprisonment for 1(one) month. 3. The appellants were also convicted under Section 323 of the Indian Penal Code, 1860 and were sentenced to undergo simple imprisonment for 3(three) months and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further simple imprisonment for 1(one) month. 4. They are also convicted under Section 341 of the Indian Penal Code, 1860 and were sentenced to undergo simple imprisonment for 3(three) months and to pay a fine of Rs. 1, 000/- and in default of payment of fine to undergo further simple imprisonment for 1(one) month. 5. The applicants have impugned the aforesaid judgment by filing the connected Criminal Appeal No. 328/2025. 6. The learned counsel for the applicants have submitted that the since the sentence of imprisonment imposed on the petitioners is for a short period of 3(three) months only, against each of the penal provisions under which they were convicted, unless, the same is suspended during the pendency of the connected criminal appeal, the criminal appeal, may become infructuous. 7. I have considered the submissions made by the learned counsel for both sides. 8. Since the sentence imposed on the appellants is for a short period of 3(three) months only and since the connected criminal appeal has already been admitted for hearing, this is a fit case where, the sentence imposed on the Page No.# 4/4 appellants may be suspended during the pendency of the connected criminal appeal. 9. Same is accordingly done. 10. The appellants are allowed to remain on previous bail, granted to them by the Trail Court, during the pendency of the connected criminal appeal. 11. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant