Page No.# 1/3 GAHC040019562025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/108/2025 Charu Neekam Age: 31 Occupation : Address:Son of Late Charu Tajik Korayer Village PO and PS Palin Kra Daadi District Arunachal Pradesh. VERSUS The State of AP and Anr Age: 0 Occupation : Address:represented by the PP of AP 2:Gida Taya Age: 0 Occupation : Address:Village Upper Gida PO and PS Koloriang Kurung Kumey District Arunachal Pradesh. Advocate for the Petitioner : Khoda Tari, Millo Komo Advocate for the Respondent : P P of AP, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 28.11.2025 Heard Mr. K. Tari, learned counsel for the applicant. Also heard Mr. D. Loyi, learned Public Prosecutor for the State respondent. 2. The applicant has been convicted and sentenced to undergo rigorous imprisonment for 1 (one) year with fine of Rs. 10,000/- (Rupees ten thousand) only for the offence under Section 333 of the IPC with default clause, by the learned Sessions Judge, Lower Subansiri District, Ziro, on 29.10.2025 in Sessions Case No. 08/2022 (Z) in connection with Palin P.S. Case No. 11/2019, 3. It is submitted that the applicant has preferred Criminal Appeal No. 27(AP)/2025 challenging the judgment of conviction and sentence dated 29.10.2025. Along with the criminal appeal, the applicant has filed the instant Interlocutory application praying for suspension of the impugned judgment and sentence. 4. It is submitted that the applicant was granted bail and he was on bail throughout the trial, and by order passed in the bail application under section 430 (3) of BNSS,2023, the learned Sessions Court had directed that the applicant shall be released from the custody on execution of bail bond of Rs.5000/- (Rupees five thousand) only with one surety. This was done to enable the applicant to file an appeal. The present appeal as well as the IA have been filed within the said period of one month. 5. Considering the fact that the applicant was not taken into custody immediately upon conviction, that he had complied with the bail conditions Page No.# 3/3 during trial, that the appeal has been filed appeal within the time, and that the sentence awarded is one year, this Court is of the view that a case is made out for suspension of the sentence pending disposal of the appeal. 6. Accordingly, the judgment and sentence order dated 29.10.2025, passed by the learned Sessions Judge in Sessions Case No. 08/2022 (Z) in connection with Palin P.S. Case No. 11/2019, shall remain suspended until disposal of the criminal appeal. 7. The applicant shall be released on bail on his furnishing bail bond of R.5000/- (Rupees five thousand) only with one surety of like amount, to the satisfaction of the learned Sessions Judge, Ziro/Concerned magistrate. 8. The appellant shall not leave the jurisdiction of the Court and shall not indulge in any act that may prejudice the pending appeal. 9. With the above, this interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant