Page No.# 1/5 GAHC010241022023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./396/2023 MOHIBUL ISLAM S/O KORBAN ALI, R/O SIMLAKANDI, DIST.- SOUTH SALMARA, MANKACHAR (ASSAM). VERSUS THE STATE OF ASSAM AND ANR. TO BE REP. BY THE P.P., ASSAM. 2:NUR ISLAM S/O LATE FOZOR ALI R/O SIMLA KANDI (TUMNI) P.O.- TUMNI P.S.- SOUTH SALMARA DIST.- SOUTH SALMARA MANKACHAR (ASSAM) PIN Advocate for the Petitioner : MR H R A CHOUDHURY, MS R DEKA,MR. I U CHOWDHURY,MR. A AHMED Advocate for the Respondent : PP, ASSAM, Linked Case : I.A.(Crl.)/1028/2023 MOHIBUL ISLAM S/O KORBAN ALI Page No.# 2/5 R/O SIMLAKANDI DIST.- SOUTH SALMARA MANKACHAR (ASSAM). VERSUS THE STATE OF ASSAM AND ANR. TO BE REP. BY THE P.P. ASSAM. 2:NUR ISLAM S/O LATE FOZOR ALI R/O SIMLA KANDI (TUMNI) P.O.- TUMNI P.S.- SOUTH SALMARA DIST.- SOUTH SALMARA MANKACHAR (ASSAM) PIN- ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 15.10.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel for the applicant. Also heard Mr. K. Baishya, learned Addl. P.P. appearing for the State respondent. 2. The applicant/convict-appellant has invoked the provisions of Section 389 Cr.P.C. ( as its existed then) seeking suspension of sentence and bail with regard to judgment and order dated 07.09.2023 passed by the then Additional Sessions Page No.# 3/5 Judge, Cum Special Judge, POCSO, Dhubri in Special Case No.11/2021 – whereby, the appellant was convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for 10(ten) years and fine of Rs.5,000/- (in default S.I. for 6 months). 3. The learned Senior Counsel has placed before the Court, a recent order of the Hon’ble Supreme Court dated 24.03.2025 regarding suspension of sentence and bail in a case where, the appellant was sentenced to undergo R.I. for 10 years and had already undergone sentence of 2 years. In the said case of Kartik Pandit Vs. State of Jharkhand in Criminal Appeal Nos.1445- 1446 of 2025 (arising out of S.L.P. (Criminal) Nos.2639-2640), the Hon’ble Apex Court was pleased to suspend the sentence and granted bail to the petitioner. 4. The prosecution has filed the written objection objecting to the grant of bail. 5. In the case of Bhagwan Rama Shinde Gosai & Ors. Vs. State of Gujarat, reported in (1999) 4 SCC 421, it has been held by the Hon’ble Supreme Court that in fixed term sentences i.e. the sentences other than life imprisonment, the issue of suspension of sentence and bail can be construed somewhat liberally. 6. The relevant paragraph of the said case is reproduced herein below:- “A reference may be made to para 2 thereof, wherein, it has been stated inter alia that, “when a convicted person is sentenced to fixed period of sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances. On course if there is any statutory restriction against suspension Page No.# 4/5 of sentence it is a different matter. Similarly, when the sentence is life imprisonment the consideration for suspension of sentence could be of a different approach. But if for any reason the sentence of limited duration cannot be suspended every endeavour should be made to dispose of the appeal on merits more so when motion for expeditious hearing the appeal is made in such cases. Otherwise the very valuable right of appeal would be an exercise in futility by efflux of time. When the appellate court finds that due to practical reasons such appeals cannot be disposed of expeditiously the appellate court must bestow special concern in the matter of suspending the sentence. So as to make the appeal right meaningful and effective. Of course appellate courts can impose similar conditions when bail is granted.” 7. I noticed the principle laid down in the said decision and it is also to be kept in mind that there may not be immediate prospects of hearing and disposal of the appeal as there are many other older matters in the queue waiting for their turn at hearing. 8. In the said facts and circumstances, it would be prudent keeping in mind the principles under Article 21 of the Constitution of India to suspend the sentence and allow the convict applicant to go on bail. 9. Further, Consequently – in the given facts and in the backdrop of the above discussion the execution of the order of sentence dated 07.09.2023 passed by the learned Additional Sessions Judge Cum Special Judge, POCSO, Dhubri in Special Case No. 11/2021 is hereby suspended till disposal of the appeal. The applicant/accused is also directed to be released on bail of Rs.75,000/- (Rupees Seventy Five Thousand) with one surety of like amount to the satisfaction of the learned Additional Sessions Judge Cum Special Judge, POCSO, Dhubri. Further, the following conditions are imposed. Page No.# 5/5 (i) The appellant shall not abscond. (ii) The appellant shall record his presence before the learned trial court once every 3(three) months. The learned trial court would be at liberty to fix any specific date of the month for such appearance and also modify the time frame of such appearance. (iii) The convict appellant shall not inflict any harm upon himself (iv) The convict appellant shall not harass or cause any harm to the informant/victim and family. (v) The convict appellant shall not cause any harm or harassment to any prosecution witnesses, especially non official witnesses. 15. In case of violation of the bail conditions, the prosecution and/or the informant side shall be at liberty to approach this court or the Special Court, for cancellation of the bail. 16. Accordingly, the interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant