Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC020008042025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Crl.)/42/2025 KEDOSALE TSUKRU - WIFE OF ZASITUO TSUKRU RESIDENT OF DIHOMA VILLAGE KOHIMA NAGALAND-797003 VERSUS STATE OF NAGALAND NAGALAND KOHIMA ------------ Advocate for : L. IRALU Advocate for : P.P NAGALAND appearing for STATE OF NAGALAND
BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 28.11.2025 This application under section 430(1) of the BNSS, 2023 has been filed praying for suspension of the sentence and
Page No.# 2/3 grant of bail in GR Case No.112/2018 and the judgement dated 03.11.2025 sentencing the accused/applicant to undergo rigor- ous imprisonment for 1(one) year and to pay a fine of Rs.10,000/-. Heard the learned counsel for the applicant Mr. L. Iralu as well as the learned P.P. Mr. Thiba Phom for the State re- spondents. The learned counsel for the applicant submits that the present application under section 430(1) of the BNSS 2023 has been filed accompanying the criminal appeal under section 415(2) of the BNSS 2023 challenging the conviction and sen- tence. It is stated that the said connected appeal raises substantial question of law and the appellant has a good case and has every chance of succeeding in the appeal. It is also sub- mitted that the applicant was on bail throughout the investiga- tion and never misused the liberty granted to him, nor has he ever attempted to abscond or influence witnesses. It is also stated that the appellant presented himself before the Jail au- thorities on 03.11.2025. However, due to some emergency medi- cal complications he was admitted into the hospital on 03.11.2025 and till the time of filing the present application, the accused is still admitted in the hospital. It is therefore prayed that the execution of the sentence awarded to the appellant by the Principal District & Sessions Judge Kohima in GR Case No.112/2018 may be suspended pending final disposal of the connected appeal and it is also prayed that the appellant may be
Page No.# 3/3 released on bail under such terms and conditions as this Court may deem fit. This Court has considered the prayer made in the ap- plication and it is of the view that the sentence may be sus- pended in the interest of justice.
Accordingly, the judgment and sentence dated 03.11.2025 in GR Case No.112/2018 is sus- pended till the disposal of the connected CRAPL 4/2025. The convict/applicant is also allowed to go on bail on the same terms and conditions as allowed in the regular bail which was granted by the learned sessions Court subject to the additional condition that the applicant shall not leave the jurisdiction of the trial Court without permission. I.A is disposed of. Sd/- JUDGE Comparing Assistant