Page No.# 1/3 GAHC010252402023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) \ Case No. : I.A.(Crl.)/1080/2023 MANISH SIKDAR, S/O MANMOHAN SIKDAR, RESIDENT OF SANKAR DEV HOUSING COLONY SOCIETY, PS JALUKBARI, DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:PAPARI SARMA D/O SUSHIL KR. SARMA RESIDENT OF NALBARI SATRA PS AND DIST NALBARI ASSA Advocate for the Petitioner : MR H R A CHOUDHURY, MR S AFRIDI,U U KHAN,MR. I U CHOWDHURY,MR A AHMED Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./394/2023 MANISH SIKDAR S/O MANMOHAN SIKDAR RESIDENT OF SANKAR DEV HOUSING COLONY SOCIETY PS JALUKBARI DIST KAMRUP M ASSAM VERSUS Page No.# 2/3 THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:PAPARI SARMA D/O SUSHIL KR. SARMA RESIDENT OF NALBARI SATRA PS AND DIST NALBARI ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.03.2025 Heard the learned counsel Mr. A. Ahmed appearing for the applicant as well as Ms. N. Deka, the learned counsel appearing for the respondent No.2. 2. This is an application u/s 389 of the Cr.P.C praying for suspension of sentence as well as for allowing the applicant to go on bail. 3. The applicant was convicted under Section 6 of the POCSO Act by the learned Additional Sessions –cum-Special Judge (POCSO), Kamrup (M), Guwahati in Sessions Case No. 565/2019 arising out of Jalukbari PS Case No. 1387/2018. 4. Mr. Ahmed has submitted that during pendency of this appeal, the applicant was granted interim bail. After that, he again surrendered and the Shraddhya ceremony of his son is going to be held on 25th of March, 2025. Mr. Ahmed submits that the conduct of the present applicant is very good. 5. Ms. N. Deka has already filed an objection and she has confined her argument in the application filed before this Court. Ms. Deka submits that the case has been proved against the applicant beyond all reasonable doubts. 6. I have considered the submissions made by the learned counsel of both sides. I have also gone through the impugned judgment. 7. This Court is of the opinion that at this stage, the prayer of the applicant deserves to be Page No.# 3/3 accepted. 8. It is hereby directed that the sentence dated 29.09.2023 imposed by the learned Additional Sessions –cum-Special Judge (POCSO), Kamrup (M), Guwahati in Sessions Case No. 565/2019 arising out of Jalukbari PS Case No. 1387/2018 shall remain suspended till disposal of the connected appeal. 9. It is also directed that the applicant Manish Sikdar shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions –cum- Special Judge (POCSO), Kamrup(M), Guwahati. With the aforesaid direction, the interlocutory application stands disposed of. JUDGE Comparing Assistant