Page No.# 1/2 GAHC010052972025 2025:GAU-AS:14767 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/255/2025 MAINUL HOQUE ALIAS MD MAINUL HAQUE S/O LATE MUSLEM UDDIN, VILL.- AUTULABARI, P.S.- LAHARIGHAT, DIST.- MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : JAHIR ABBAS, MS S PATAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 01.11.2025 Heard Mr. J. Abbas, learned counsel for the petitioner and also heard Mr. B. Sarma, learned Addl. P.P for the State. 2. In this application, under Section 430 of the BNSS, the applicant has prayed for suspension of sentence and to enlarge him on bail. Page No.# 2/2 3. This statutory appeal is against the judgment and order dated 19.12.2023, passed by the learned Additional Sessions Judge (FTC), Karbi Anglong, Diphu in NDPS Case No. 48 of 2023, whereby the accused appellant was convicted under Section 21(b) of the NDPS Act, 1985 and sentenced to undergo simple Imprisonment for 6 (six) years with fine of Rs.50,000/- with default stipulation. 4. Keeping in view that principles laid down by the Hon’ble Supreme Court in the case of Bhagwam Rama Shinde Gosai and Ors Vs. State of Gujarat reported in (1999) 4 SCC 421 and Kiran Kumar Vs. State of M.P., reported in (2001) 9 SCC 211 in the opinion of this Court, it is a fit case to suspend the reminder of the sentence. It is accordingly so ordered. It is further directed that the petitioner shall be released on bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned trial Court. 5. It is provided that in the event of the instant appeal being dismissed the petitioner shall surrender before the learned trial Court to serve out the remaining part of the sentence. 6. Accordingly the I.A. stands disposed of. 7. List the appeal for hearing in its usual course. JUDGE Comparing Assistant