Page No.# 1/4 GAHC030000542025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/5/2025 Sh. Kandra Chakma and Anr. S/o Mr. Mohendra Chakma R/o Gondasora, Lawngtlai District, Mizoram 2: Sh. Sobinoy Chakm VERSUS The State of Mizoram and Anr. Aizawl2:Sh. Zohmingthang Advocate for the Petitioner : Mr B Lalramenga Advocate for the Respondent : P.P./Addl.PP, Mizoram for R1 Linked Case : Crl.A./3/2025 Sh. Kandra Chakma and Anr. S/o. Mr. Mohendra Chakma R/o. Gondasora Lawntlai district Mizoram 2: Sh. Sobinoy Chakma S/o. Mr. Dungya Raigya R/o. Futsury Lawngtlai District Mizoram VERSUS The State of Mizoram and Anr. Aizawl Page No.# 2/4 2:Sh. Zohmingthanga S/o. H.Thangchungnunga (L) The then Under Secretary to the Govt. of Mizoram District Council and Minority Affairs Department Aizawl Mizoram Advocate for the Petitioner : Mr B Lalramenga Advocate for the Respondent : P.P./Addl.PP Mizoram for R1 B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 18.02.2025 Heard Mr. B. Lalramenga, learned counsel for the applicant along with Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State respondent. 2. This is an application filed u/s 430 (1) BNSS for suspension/stay of the impugned Judgment & Order dated 16.12.2024 and the impugned Order dated 17.12.2024, passed by the learned Special Judge, Prevention of Corruption Act, Mizoram, Aizawl in SR(PCA) No. 5/2023 A/O ABC P.S. Case No. 1/2021 dated 02.03.2021 u/s 120B/406/409/420 IPC & Section 13(1)(a)(b) r/w Section 13(2) of Prevention of Corruption Act, 1988, during the pendency of the connected Appeal and to allow the applicants/appellants to go on bail pending the disposal of the connected Appeal. 3. Mr. B. Lalramenga, learned counsel for the applicant submits that the applicants after due trial u/s 120(b)/406/409/420 IPC r/w Section 13(1)(a)(b) and 13(2) PC Act were convicted and sentenced by the learned Trial Court u/s 409 r/w Section 120(b) IPC to undergo 6(six) months imprisonment each with a Page No.# 3/4 fine of Rs. 10,000/- each in default, another imprisonment of 10(ten) days each. The period of sentences were to run concurrently. The learned counsel for the applicant submitted that the learned Trial Court when Criminal Miscellaneous Application (CMA) No. 24/2024 dated 18.12.2024 had rejected the bail application filed by the applicants on the grounds that there is no prove that the applicant/accused intends to present an appeal before the High Court and that the Court was lenient in the terms of sentence. 4. The learned counsels for the applicants submits that the applications have filed an appeal which has been admitted by this Court in Crl.A. No. 3/2025. He further submitted that both the applicants are innocent of the charges made out against them and there is every likelihood that in the Crl.A. No. 3/2025, the impugned Judgment dated 16.12.2024 and the impugned Order dated 17.12.2024 will be quashed and set aside. The learned counsel also submitted that both the applicants are permanent residence of Lawngtlai District and there is no chance of them absconding during the pendency of Crl.A. No. 3/2025. In support of the submission, he has also enclosed the EPIC cards of both the applicants. 5. Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor submits that if the applicants are to be granted bail, the bail bond and the surety should be stringent, so that the applicants/appellants do not absconded during the pendency of the Crl.A. No. 3/2025. 6. Having considered the submissions made by the learned counsels for both the parties, this Court has noted that the Crl.A. No. 3/2025 has been admitted and it is also seen that the terms of sentence on their conviction u/s 409 r/w 120 (b) IPC are for both of them to undergo 6(six) months imprisonment each Page No.# 4/4 with a fine of Rs. 10,000/- each, in default, another imprisonment of 10(ten) days each and thus, also considering the fact that both the applicants are permanent residence of Lawngtlai District as per the EPIC cards duly submitted, this Court finds that it appears that there is no danger of them absconding during the pendency of the Crl.A. No. 3/2025. 7. In view of the above, this Court find it fit to allowed the applicants to be released on bail by suspending the sentence Order dated 17.12.2024 u/s 430 (1) BNSS. The applicants are granted bail on each executing a bond of Rs. 50,000/- and each with one surety of the like amount who shall be to the satisfaction of the learned Trial Court. 8. Accordingly, I.A.(Crl.) No. 5/2025 stands allowed and disposed of. JUDGE Comparing Assistant