Page No.# 1/3 GAHC010278312024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No : I.A.(Crl.)/44/2025 SRI ANANDA BURAGOHAIN S/O.LATE SARUDHAN BURAGOHAIN R/O. VILL.DAISAJAN T.E. HATIHAL GAON P/S. DOOMDOOMA DIST. TINSUKIA ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM. 2:RUBI NEOG D/O. SRI. MANOJ NEOG R/O. RAJGARH P/O. RUPAI SIDING P/S. DOOMDOOMA DIST. TINSUKIA ASSAM. ------------ Advocate for : MR. K BORUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR in Case No. : Crl.A./18/2025 SRI ANANDA BURAGOHAIN S/O.LATE SARUDHAN BURAGOHAIN, R/O. VILL.DAISAJAN T.E., HATIHAL GAON,P/S. DOOMDOOMA, DIST. TINSUKIA, Page No.# 2/3 ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THEPP, ASSAM. 2:RUBI NEOG D/O. SRI. MANOJ NEOG R/O. RAJGARH P/O. RUPAI SIDING P/S. DOOMDOOMA DIST. TINSUKIA ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 22.01.2025 Heard Mr. K. Boruah, learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. The present application is filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for suspension of the sentence dated 22.11.2024 passed by the learned Special Judge (POCSO), Tinsukia in POCSO Case No. 01/2023, whereby the applicant was convicted under Section 354A(2) of the IPC and was sentenced to undergo Rigorous Imprisonment for a period of 3 (three) years and also to pay a fine of Rs. 5000/-, in default to undergo further S.I. for 2 (two) months. The connected appeal has already been admitted. Page No.# 3/3 Considering the period of sentence as well as the material available on record and that the applicant has all throughout been in bail during the trial and there is no material to suggest any act on his part to hamper or tamper with the witnesses, this Court is of the view that this is fit case where the sentence is required to be suspended. Accordingly, the impugned sentence dated 22.11.2024 passed by the learned Special Judge (POCSO), Tinsukia in POCSO Case No. 01/2023 shall remain suspended till the disposal of the appeal and the applicant shall remain on previous bail granted to him by the learned trial Court below. In view of the aforesaid, this I.A.(Crl), stands disposed of. JUDGE Comparing Assistant