Page No.# 1/3 GAHC010245032025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./413/2025 MD MOINUL ALI ALIAS MOINUL KHAN R/O HOUSE NO 50, UTTAR JYOTINAGAR, NEAR JANAKALYAN SANGHA, PS CHANDMARI, PO BAMUNIMAIDAM, GUWAHATI 21, DISTRICT KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MD BABUL ALI S/O MD. KHALIL ALI R/O PIYALIPHUKAN NAGAR P.S. CHANDMARI GUWAHATI 21 DIST. KAMRUP (M) ASSAM Advocate for the Petitioner : L K BORAH, C KALITA,MR. D K BORAH Advocate for the Respondent : PP, ASSAM, Linked Case : I.A.(Crl.)/1216/2025 MD MOINUL ALI ALIAS MOINUL KHAN S/O MD. BADSHAH ALI R/O H. NO. 50 UTTAR JYOTINAGAR Page No.# 2/3 NEAR JANAKALYAN SANGHA P.S. CHANDMARI P.O. BAMUNIMAIDAM GUWAHATI 21 DIST. KAMRUP (M) ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:MD BABUL ALI S/O MD. KHALIL ALI R/O PIYALIPHUKAN NAGAR P.S. CHANDMARI GUWAHATI 21 DIST. KAMRUP (M) ASSAM. ------------ Advocate for : L K BORAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : --19.11.2025 Heard Mr. L. K. Borah, the learned counsel appearing for the applicant. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for suspension of sentence in respect of Page No.# 3/3 Sessions (Spl.) Case No. 85/2024 pending in the Court of Special Judge POCSO, Kamrup (M) at Guwahati. 3. The petitioner Md. Moinul Ali @ Moinul Khan was sentenced to undergo 2 years rigorous imprisonment and a fine of Rs. 20,000/- (Rupees Twenty Thousand) and he is still in custody. 4. I have gone through the impugned judgment, the prayer of the petitioner is allowed. 5. The sentence imposed upon the applicant by the learned Special Judge POCSO, Kamrup (M) at Guwahati a Sessions (Spl.) Case No. 85/2024 shall suspended till disposal of the connected appeal. 6. The applicant Md. Moinul Ali @ Moinul Khan shall be release on bail of Rs. 25,000/- with a surety of the like amount to the satisfaction of the learned Special Judge, Kamrup (M) at Guwahati. 7. The I.A. stands disposed of. JUDGE Comparing Assistant