Page No.# 1/3 GAHC010236222024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1095/2024 KARABI SONOWAL W/O SRI RAJIB SONOWAL R/O VILL- RAJABARI SONOWAL GAON P.S. BORHOLLA DIST. JORHAT ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:MD. NURTAZ ALI S/O LATE IDRISH ALI BORHOLLA P.S. DIST. JORHAT ASSAM ------------ Advocate for : MR. R CHETRI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR In Crl.Rev.P./459/2024 KARABI SONOWAL W/O SRI RAJIB SONOWAL, R/O VILL- RAJABARI SONOWAL GAON, P.S. BORHOLLA, DIST. JORHAT, ASSAM VERSUS Page No.# 2/3 THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MD. NURTAZ ALI S/O LATE IDRISH ALI BORHOLLA P.S. DIST. JORHAT ASSA Advocate for the Petitioner : MR. R CHETRI, MR. T DEURI,MR N MILI,MR U SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 12.02.2025 1. Heard Mr. T. Deuri, the learned counsel for the applicant/petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, Assam. 2. This Interlocutory Application has been filed by the applicant/petitioner for suspension of the sentence imposed on him by the impugned order dated 09.09.2024, passed by the Court of the learned Special Judge, Jorhat in Special (NDPS) Case No. 44/2021. The said order has been impugned by the petitioner/applicant by filing a connected Criminal Revision Petition, which is registered as Criminal Revision Petition No. 459/2021. Though the instant Interlocutory Application has been filed under Section 430 of the BNSS, 2023, however, same is treated to be an application under Section 438 of the BNSS, 2023. Page No.# 3/3 3. The learned counsel for the applicant/petitioner is on previous bail granted by the Court of the learned Special Judge, Jorhat. 4. Since the sentence imposed by the impugned order is a short sentence of 3 years only, and since the disposal of the connected Criminal Revision Petition may take time. Hence, considering the short period of sentence imposed on the present petitioner/applicant, the execution of the sentence imposed by the impugned judgment on the petitioner shall remain suspended during the pendency of the connected Criminal Revision Petition No. 459/2021 and the petitioner is allowed to remain on previous bail granted to him by the Court of the learned Special Judge, Jorhat. 5. With the above observations, this Interlocutory Application is accordingly disposed of. JUDGE Comparing Assistant