Page No.# 1/3 GAHC010187262025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/1327/2025 RABINDRA BISWAS S/O SRI SARASWATI BISWAS R/O VILL- MATABARI P.O CHENGA P.S- TARABARI DIST- BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM 2:MONEKA SARKAR W/O MITHUN SARKAR VILL- BATGAON P.S- TARABARI DIST- BARPETA ASSAM ------------ Advocate for : NIRMALA CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY Page No.# 2/3 ORDER 18.12.2025 Heard Ms. N. Choudhury, learned counsel for the applicant-appellant and Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the opposite party-respondent State. 2. The instant interlocutory application under Section 430, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred by the applicant-appellant praying for suspension of execution of the sentence passed against him and for his release on bail. 3. The applicant as the appellant has preferred the accompanying criminal appeal under Section 415[2] of the BNSS, 2023 against a Judgment and Order dated 30.04.2025 passed by the Court of learned Sessions Judge, Barpeta in Sessions Case no. 151/2024 [‘the Trial Court’, for short]. By the Judgment and Order dated 30.04.2025, the Trial Court has convicted the applicant- appellant for the offence under Section 326, Indian Penal Code [IPC] and Section 307, IPC. For the offence under Section 326, IPC, the applicant-appellant has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 3,000/-. For the offence under Section 307, IPC, the applicant-appellant has been similarly sentenced to undergo rigorous imprisonment for five years, with same default stipulation. The sentences are ordered to run concurrently. 4. The accompanying criminal appeal has already been admitted for hearing. 5. Ms. Choudhury, learned counsel for the applicant-appellant has submitted that the alleged incident occurred in front to the shops of the applicant-appellant and the alleged victim and there was no eye-witness except the injured. 6. The applicant-appellant was arrested on 17.05.2024 and he is undergoing sentences since 17.05.2024. The applicant-appellant has already spent a period of more than one year seven months till date. The Hon’ble Supreme Court of India in Bhagwan Rama Shinde Gosai vs. State of Gujarat reported in [1999] 4 SCC 421, has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory Page No.# 3/3 right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances. 7. Taking into consideration the evidence/materials on record and the fact that the applicant-appellant has already spent a period of more than one year seven months of his five years of sentence, this Court is of the considered view that the applicant-appellant has been able to make out a prima facie case for suspension of the execution of the sentence passed against the applicant-appellant. 8. It is, therefore, ordered that pending disposal of the accompanying criminal appeal, execution of the sentence passed against the applicant-appellant shall remain suspended and the applicant-petitioner is allowed to be released on fresh bail subject to furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Trial Court. 9. The interlocutory application is disposed of in the afore-stated terms. JUDGE Comparing Assistant