Page No.# 1/3 GAHC010185962025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/924/2025 NASIRUDDIN SHEIKH AND ANR S/O LATE NAFIZUDDIN SHEIKH R/O VILL. BONIAMARI PART I P.S. GAURIPUR P.O. NAKRIJHORA DIST. DHUBRI ASSAM PIN 783349 2: SAHERA BIBI S/O ABUR ROUF AHMED R/O VILL. BONIAMARI PART I P.S. GAURIPUR P.O. NAKIJHORA DIST. DHUBRI ASSAM PIN 783349 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM. 2:SWARBHANU BIBI W/O LATE KUSAR UDDIN R/O VILL. BONIAMARI PART-I P.S. GAURIPUR P.O. NAKRIJHORA DIST. DHUBRI ASSAM PIN 783349 ------------ Page No.# 2/3 Advocate for : MRS. K DEVI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.08.2025 1. Heard Mr. B. Kaushik, learned counsel for the applicants. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 430 of BNSS has been filed by the applicants, namely, Nasiruddin Sheikh and Sahera Bibi in connection with Criminal Appeal No. 327/2025 praying for suspension of the accusation of sentenced imposed on the applicants/appellants by the judgment dated 18.07.2025 passed in Sessions Case No. 233/2018 by the Court of the learned Additional Sessions Judge, Dhubri whereby the applicants were convicted under Section 365 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for 1(one) year and to pay a fine of Rs.1,000/- each with default stipulation. 3. The learned counsel for the petitioners has submitted that at the time of delivery of impugned judgment, the Trial Court had allowed a month’s time for filing the present appeal and also allowed the present applicants to remain on previous bail. 4. The learned counsel for the petitioners submits that as the duration of the sentence imposed is a short duration of one year, hence, unless the execution of sentence is suspended during pendency of the connected appeal, the purpose of filing the appeal would become infructuous if same is allowed to run parallelly. 5. Considering the fact that the sentence imposed on the applicants by the Page No.# 3/3 impugned judgment is only of one year and also considering the fact that the connected Criminal Appeal No. 327/2025 has already been admitted for hearing, the execution of sentence imposed on the present applicants by the impugned judgment shall remain stayed during the pendency of the connected Criminal Appeal No. 327/2025. 6. The appellants are allowed to remain on previous bail granted to them by the Trial Court during this period. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant