Page No.# 1/4 GAHC030007322025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/49/2025 Sh. T. Zairikhuma S/o Mr. T. Tiallinga R/o Diet Veng Thingkah Lawngtlai District Mizoram VERSUS State of Mizoram and Anr. Aizawl 2:Insp. R. Lalnunmawia S/o R. Lalsawmliana (L) R/o Ramhlun South Aizawl Mizoram Advocate for the Petitioner : Mr B Lalramenga Advocate for the Respondent : P.P./Addl.PP Mizoram for R1 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 30.10.2025 Heard Mr. B. Lalramenga, learned counsel for the applicant and Ms. M.L. Khiangte, learned Additional Public Prosecutor for the opposite parties. 2. This application, under Section 430(1) of the BNSS, is preferred by the Page No.# 2/4 applicant:- (i) For suspension/staying of the order of conviction dated 26.09.2025 and also the order of sentence dated 29.09.2025, passed by the learned Special Judge, P.C. Act, Aizawl (trial court hereinafter), in SR(PCA) No. 02/2018, arising out of ACB P.S. Case No. 01/2014 and (ii) For allowing him to go on bail till disposal of the connected criminal appeal, i.e. Criminal Appeal No. 28/2025. 3. It is to be noted here that vide impugned order of conviction dated 26.09.2025, the learned trial court had convicted the applicant under Section 13(2) read with Section 13(1)(d) of the PC Act and also under Sections 120(B), 420, 468 of the IPC. 3.1. It is also to be noted here that vide impugned order of sentence dated 29.09.2025, the learned trial court had sentenced the applicant to undergo imprisonment for 1 year 6 months with fine of Rs. 1,10,000/- with default stipulation. 4. The learned counsel for the applicant submits that the applicant is serving as Circle Supervisor in the Revenue Department and he has been convicted under Section 13(2) read with Section 13(1)(d) of the PC Act and also under Sections 120(B), 420, 468 of the IPC, vide order dated 26.09.2025 and sentenced to suffer imprisonment for 1 year 6 months with fine of Rs. 1,10,000/- with default stipulation, vide order dated 29.09.2025, in SR(PCA) No. 02/2018, arising out of ACB P.S. Case No. 01/2014. 4.1. The learned counsel for the applicant further submits that the applicant has preferred an appeal, being Criminal Appeal No. 28/2025 and the same has already been admitted by this Court and the record has also been called for Page No.# 3/4 from the learned trial court notice has also been issued to the respondents. 4.2. The learned counsel for the applicant also submits that since the conviction is for a fixed period and less than two years and the applicant has been serving as Circle Supervisor in Revenue Department and the appeal is also admitted for hearing, there is a requirement for suspension/staying of the sentence so handed down by the learned trial court, vide order dated 29.09.2025. 5. Per-contra, the learned Additional Public Prosecutor submits that she has no objection in the event of suspension of sentence of the applicant, so handed down by the learned trial court, vide order dated 29.09.2025, but she has objection in suspension of conviction of the applicant. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the application as well as the documents placed on record and also perused the order of conviction dated 26.09.2025 and the order of sentence dated 29.09.2025, passed by the learned trial court. 7. It appears that the applicant herein is convicted under Section 13(2) read with Section 13(1)(d) of the PC Act and also under Sections 120(B), 420, 468 of the IPC, vide order dated 26.09.2025 and sentenced to suffer imprisonment for 1 year 6 months with fine of Rs. 1,10,000/- with default stipulation, vide order dated 29.09.2025, in SR(PCA) No. 02/2018, arising out of ACB P.S. Case No. 01/2014. 8. Accordingly, taking note of the submissions of learned counsel for both the parties, the sentence so handed down by the learned trial court, vide order dated 29.09.2025, upon the applicant, stands stayed till disposal of the connected appeal, i.e. Criminal Appeal No. 28/2025. Page No.# 4/4 9. The learned counsel for the applicant submits that the applicant had preferred an application for granting him bail, but the same was dismissed by the learned trial court and therefore, he submits that the applicant may be allowed to go on bail till disposal of the said appeal. 10. Accordingly, taking note of the submissions of learned counsel for both the parties, this Court is inclined to allow the applicant to go on bail, on his executing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the learned trial court. 11. In terms of above, this IA stands disposed of. JUDGE Comparing Assistant