Page No.# 1/3 GAHC010269372024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/1269/2024 SHYAM BAHADUR RAI S/O. LATE JAY BAHADUR RAI R/O. NO. 1 BISA GAON P/S. LEKHAPANI DIST. TINSUKIA ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM. 2:NISHA THAPA D/O. LATE PREM BAHADUR THAPA R/O. NO.1 BISA GAON P/O. BISAGAON BO P/S. LEKHAPANI DIST. TINSUKIA ASSAM PIN-786182. ------------ Advocate for : MR. N HASAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --20.01.2025 Heard Mr. N. Hasan, the learned counsel for the applicant and also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of State Respondent No. 1. 2. This is an application u/s 430(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for suspension of sentence passed against the present applicant vide judgment & order dated 18.11.2024 passed by learned Additional Sessions Judge-cum-Special Judge, POCSO, Tinsukia in POCSO Case No. 177/2022 whereby the accused/appellant has been convicted u/s 354 A (2) IPC and sentenced to Rigorous Imprisonment for 3 years and fine of Rs. 5,000/- in default to undergo Simple Imprisonment for 2 months. 3. It is submitted by Mr. Hasan that after conviction the accused/applicant was allowed to remain on previous bail vide the judgment and order dated 18.11.2024 till 17.12.2024 which was subsequently extended upto 22.01.2025. It is submitted that he was on bail during trial and never jumped over to any condition of bail. Further, he submitted that considering the terms of sentence he may be allowed to remain on previous bail by suspending the sentence. 4. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that considering the term of sentence prayer may be allowed. However, he submitted that the applicant may be released on fresh bail. 5. Hearing the submissions made by learned counsel for both sides, the present application is allowed and the accused/applicant is allowed to remain on previous bail till the disposal of the case and sentence passed in POCSO Case Page No.# 3/3 No. 177/2022 dated 18.11.2024 as stated above is stayed/suspended till disposal of the case. 6. With the above observations, the IA stands disposed of. JUDGE Comparing Assistant