Page No.# 1/3 GAHC010212082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1070/2025 BABLIN HUSSAIN S/O. SHRI BADAL HUSSAIN R/O. TIPUK TEA ESTATE KORDOIGURI NO. 1 HATIHAL GAON P/S. DOOMDOOMA DIST. TINSUKIA ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP ASSAM 2:MINTU MORAN S/O. KHAGESWAR MORAN R/O. VILL.- KACHIJAN GAON P/O. TONGANAGAON PIN-786152 P/S. TONGA DIST. TINSUKIA ASSAM. ------------ Advocate for : MS M NIROLA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. In Page No.# 2/3 Crl.A./372/2025 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 26.09.2025 1. Heard Ms. M. Nirola, the learned counsel for the applicant. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This interlocutory application has been filed by the applicant, under Section 430(1) of the BNSS, 2023 praying for suspension of the execution of the sentence imposed on the applicant, by the judgment and order dated 30.08.2025, passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 38(T)/2022. 3. By the said judgment, the applicant has been convicted under Section 498 of the Indian Penal Code, 1860 and has been sentenced to undergo rigorous imprisonment for 2(two) years. 4. The applicant has impugned the aforesaid judgment in the connected criminal appeal No. 372/2025. 5. I have considered the submissions made by the learned counsel for both sides and have perused the case record. 6. Since the connected criminal appeal No. 372/2025 has been admitted for hearing and since the sentence imposed on the applicant is for a short term of 2(two) years only, unless, the execution of sentence Page No.# 3/3 imposed on the applicant by the impugned judgment is stayed during the pendency of the connected criminal appeal, the appeal itself may become infructuous. 7. In view of the above, the execution of sentence imposed on the applicant by the impugned judgment is hereby stayed during the pendency of the connected criminal appeal No. 372/2025. 8. The applicant is allowed to remain on previous bail, granted by the Appellate Court, subject to the condition that in the event of dismissal of the connected appeal No. 372/2025, shall surrender before the Trial Court to serve out the remaining part of the sentence. 9. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant