Page No.# 1/4 GAHC010241962024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1172/2024 DEEP JYOTI KALITA S/O RAMESWAR @ RAM CHARAN KALITA P/R/O MURKUCHIA PARA P.O.-NIZ BANGALI PARA P.S.-BARAMA DIST-BAKSA (BTAD) AND TEMP. R/A BARPATHAR SANDHYACHAL PAHAR BASISTHA GUWAHATI P.S.-BASISTHA DIST- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:MINTU PAUL S/O LATE ANIL KRISHNA PAUL R/O A2 502 AL-SWARNALATA APARTMENTS VIJAYA COMPLEX SURVEY BELTOLA P.S.-HATIGAON DIST-KAMRUP (M) ASSAM P.S.-HATIGAON KAMRUP (M) ASSAM ------------ Page No.# 2/4 Advocate for : MR. N BARUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.02.2025 1. Heard Mr. N. Baruah, the learned counsel for the applicant. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent as well as Mr. T. Nath, the learned counsel for the respondent No.2. 2. This application under Section 438 of the BNSS, 2023 has been filed by the applicant, namely, Deep Jyoti Kalita, praying for suspension of execution of the sentence imposed on the petitioner by the judgment dated 18.04.2024, passed by learned Session Judge, Kamrup, (Metro), in Criminal Appeal No. 82/2023, whereby the learned Session Judge has upheld the order of conviction of the revisionist by the judgment and order dated 16.10.2023, passed by learned Judicial Magistrate First Class in CR Case No.4234/2015. By the said order, the petitioner was convicted under Section 381 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 5000/- and in default of payment of fine to undergo further imprisonment for 2 months. 3. Mr. N. Baruah the learned counsel for the applicant has filed a connected Revision Petition i.e., Revision Petition No. 274/2024, where he has impugned the judgment dated 18.04.2024 passed by learned Session Judge, Kamrup, (Metro), in Criminal Appeal No. 82/2023. 4. He further submits that there is a possibility of getting a favourable Page No.# 3/4 order in the aforesaid revision petition. However, since the sentence imposed on the petitioner is for a short term of 3 years only, if in the meanwhile the operation of sentence imposed by the impugned order is not suspended, the petitioner would be prejudiced. 5. I have heard the learned counsel for the applicant Learned Additional Public Prosecutor as well as the learned counsel for the respondent No.2. 6. The learned counsel for the respondent No.2 has raised no objection in allowing the said instant interlocutory application. 7. Considering the submissions made at Bar as well as considering the fact that by impugned judgment, the sentence imposed on the present petitioner for a short term of 3 years was upheld, this Court is of considered opinion that as the connected revision is pending, the sentence should be suspended and the rule that rejection in such cases is only by way of exception is applicable in this case also. 8. Hence, the instant Interlocutory Application is allowed and the sentence imposed on the petitioner by the judgment of learned Judicial Magistrate First Class in CR Case No.4234/2015 is hereby suspended till the pendency of the connected criminal Petition No. 274/2024. 9. The applicant is also allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the learned Judicial Magistrate First Class, Kamrup, (Metro) with a condition that in the event of dismissal of the connected Criminal Revision Petition No. 274/2024, he shall surrender before the Court of the Trial Court to serve out remaining part of his sentence. Page No.# 4/4 10. With above observation, this Interlocutory Application is hereby disposed of. JUDGE Comparing Assistant