Page No.# 1/3 GAHC010266932024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/1268/2024 JAHIDUR RAHMAN S/O. KHALILUR RAHMAN R/O. VILL. SILAIRPAR PART-I P/S. GAURIPUR DIST. DHUBRI ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THEPP ASSAM. 2:AMINUR KAZI S/O. SABDER KAZI S/O. SILAIRPAR NO.1 P/S. GAURIPUR DIST. DHUBRI ASSAM PIN-783331. ------------ Advocate for : MR P K DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 20.05.2025 Heard Mr. B. K. Mahajan, learned counsel for the applicant. Also heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam as well as Mr. Surajit Das, learned Amicus Curiae, appearing on behalf of the respondent no. 2. This application has been filed under section 430 of the BNSS, 2023 praying for suspension of sentence as well as for releasing the applicant on bail. The applicant Jahidur Rahman was convicted by the learned Special Judge, Dhubri in Special (POCSO) Case No. 167/2021. The applicant was convicted under Section 8 of the POCSO Act, 2012 and sentenced to suffer R.I. for 4 (four) years and fine of Rs.5,000/-only in default of payment of fine to undergo S.I. for 2 (two) months. Mr. Das, learned Amicus Curiae has objected this application on the ground that the offence involved a minor girl. I have considered the submissions made by the learned counsel for both the sides. Mr. Mahajan has relied upon a decision of the Hon’ble Supreme Court that was rendered in the case of Bhagwan Rama Shinde Gosai and Ors v. State of Gujrat, reported in (1999) 4 SCC 421. Para 3 of the said judgment is quoted as under: “3. When a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances. Of course, if there is any statutory restriction against suspension 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 a limited duration cannot be suspended every endeavour should be made to dispose of the appeal on merits more so when a motion for expeditious hearing of 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.” Page No.# 3/3 I have gone through the impugned judgment. This court is of the opinion that under the given circumstances prayer of the applicant deserves to be accepted. Therefore, sentence imposed upon the applicant Jahidur Rahman by the learned Special Judge, Dhubri in Special (POCSO) Case No. 167/2021 shall remain suspended till disposal of the connected appeal. Accordingly, it is hereby directed that the applicant Jahidur Rahman shall be released on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Special Judge, Dhubri in Special (POCSO) Case No. 167/2021 in connection with Special (POCSO) Case No. 167/2021. The interlocutory application is disposed of. JUDGE Comparing Assistant