Page No.# 1/2 GAHC010170522024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/785/2024 KANDARPA KALITA S/O. LT. UPEN KALITA VILL. TARANI P.S. RANGIA DIST. KAMRUP ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM 2:SRI. SWAPNA BISWAS W/O. SRI. PURNA BISWAS R/O. RANGIA WARD NO. 5 P.S. RANGIA DIST. KAMRUP ASSAM PIN-781354. ------------ Advocate for : MR A BARMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Page No.# 2/2 Date : 30.10.2025 Heard Mr. A. Barman, learned counsel for the petitioner. Also heard Ms. N. Das, learned Addl. P.P. for the State. 2. In this application, under Section 389 of the Cr.P.C., the applicant has prayed for suspension of sentence and to enlarge him on bail. 3. From the above it appears that the petitioner has already under gone one year and three months out of the sentence of four years R.I. imposed upon him. 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 be 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