Page No.# 1/2 GAHC010128232025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/635/2025 KUSHAL DUWARI S/O LATE AKONI DUWARI, RESIDENT OF SIBSAGAR PIALI NAGAR, PS AND DIST SIBSAGAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY PP ASSAM 2:SRI DHARANIDHAR BORO S/O LATE GUNARAM BORO DEPUTY RANGER EASTERN RANGE AGORATOLI KAZIRANGA NATIONAL PARK DIST GOLAGHAT ASSA Advocate for the Petitioner : MR. T J MAHANTA, MS. P BHATTACHARYA,MR. A BORUA,MR. D P JAISWAL Advocate for the Respondent : PP, ASSAM, SC, FOREST BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 27.01.2026 Mr. P. Bora, learned senior counsel appearing for the petitioner, assisted by Mr. P P Dutta, learned Page No.# 2/2 counsel. Also heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam. This application has been filed under Section 430 of the BNSS, 2023 by the petitioner, namely, Sri Kushal Duwari, praying for suspension of sentence as well as conviction in respect of Sessions Case No. 130/2009 passed by the learned Additional Sessions Judge, Golaghat. Mr. Bora has relied upon the decision of the Supreme Court that was rendered in the case of Afjal Ansari v. State of Uttar Pradesh, reported in (2024) 2 SCC 187. Paragraph 15 of the said judgment is quoted as under: “15. It becomes manifestly evident from the plain language of the provision, that the Appellate Court is unambiguously vested with the power to suspend implementation of the sentence or the order of conviction under appeal and grant bail to the incarcerated convict, for which it is imperative to assign the reasons in writing. This Court has undertaken a comprehensive examination of this issue on multiple occasions, laying down the broad parameters to be appraised for the suspension of a conviction under Section 389(1) of the CrPC. There is no gainsaying that in order to suspend the conviction of an individual, the primary factors that are to be looked into, would be the peculiar facts and circumstances of that specific case, where the failure to stay such a conviction would lead to injustice or irreversible consequences.5 The very notion of irreversible consequences is centered on factors, including the individual’s criminal antecedents, the gravity of the offence, and its wider social impact, while simultaneously considering the facts and circumstances of the case.” I have considered the submissions made by the learned counsel of both sides. The petitioner was found to be fishing inside the Kaziranga National Park. Considering the peculiar facts and circumstances of the case and also considering the fact failure to stay such a conviction might lead to injustice or irreversible consequences. In view of the above, the sentence and conviction imposed upon the petitioner Sri Kushal Duwari vide Judgment and Order dated 05.03.2022 in Sessions Case No. 130/2009 by the learned Additional Sessions Judge, Golaghat shall remain stayed till disposal of the connected appeal. Accordingly, the interlocutory application stands disposed of. JUDGE Comparing Assistant