Page No.# 1/3 GAHC010201042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1005/2025 SAHIDUL ISLAM S/O HUSSAIN ALI R/O VILL. BHULUKABARI PATHER P.O. JARABARI P.S. BARPETA DIST. BARPETA ASSAM PIN 781304 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:TARJAT ALI @ TARJAB ALI S/O LATE ABUL HUSSAIN R/O VILL. CHAULIABARI P.S. PATACHARKUCHI P.O. SARUPETA DIST. BARPETA ASSAM PIN ------------ Advocate for : MR. S Ali Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Linked Case : Crl.A./354/2025 SAHIDUL ISLAM S/O HUSSAIN ALI, R/O VILL. BHULUKABARI PATHER, P.O. JARABARI, P.S. BARPETA, DIST. BARPETA, ASSAM, PIN 781304 Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM. 2:TARJAT ALI @ TARJAB ALI S/O LATE ABUL HUSSAIN R/O VILL. CHAULIABARI P.S. PATACHARKUCHI P.O. SARUPETA DIST. BARPETA ASSAM PI Advocate for the Petitioner : MR. S Ali, MD S HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 02/02/2026 Heard Mr. H R A Choudhury, learned Senior counsel assisted by Mr. S Ali, learned counsel for the applicant and Mr. K Baishya, learned Additional Public Prosecutor, Assam for the State respondent. 2. This is an application under Section 430(1) of the BNSS, 2023, by which the applicant has prayed for suspension of the sentence passed vide judgment and order dated 07.08.2025 in Special (POCSO) Case No. 03/2021 by the learned Special Judge (POCSO), Bajali. The petitioner has also prayed for the subsequent bail in connection with the said case to be granted to the applicant. 3. By the said judgment and order dated 07.08.2025, the applicant was convicted under Sections 344/363 of the IPC and was sentenced to undergo Simple Imprisonment for 1 (one) year with fine and default stipulation under Section 344 IPC as well as to undergo Rigorous Page No.# 3/3 Imprisonment for 4 (four) years with fine and default stipulation under Section 363 of the IPC. 4. The Hon’ble Supreme Court in the case of Kiran Kumar Vs. State of M.P., reported in 2001 Vol. 9 SCC 211 and by following an earlier decision rendered by the Apex Court in Bhagawam Rama Shinde Gosai Vs. State of Gujarat, reported in (1999) 4 SCC 421 had observed that when a person is convicted and sentenced to a short term imprisonment, the normal rule is that when the appeal is pending, the sentence may be suspended and the rejection is only by way of exception. 5. It is further held that if the short term sentence is allowed to run out during the pendency of the appeal, the appeal would become infructuous. However, it is also held that the Appellate Court should not suspend the sentence or allow bail if the same has the consequence of bringing danger to the society and other similar difficulties. 6. In the instant case, this is not the case it seems and the suspension or the release of the applicant may not result in any danger to the society. 7. As such, since in the instant case, the sentence is for 4 (four) years under Section 363 of the IPC and 1 (one) year under Section 344 of the IPC, this Court deems it fit that the sentence may be suspended during the pendency of the appeal and the applicant may be released on bail on furnishing of a bail bond of Rs.20,000/- with 1 (one) local surety of the like amount to the satisfaction of the Special Judge (POCSO), Bajali. 8. Accordingly, the Interlocutory Application stands disposed of. JUDGE Comparing Assistant