Page No.# 1/3 GAHC010035552025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/177/2025 JAMIR ALI SON OF BISHA SHEIKH RESIDENT OF VILLAGE -TANONMARI P.S. - HAJO DISTRICT - KAMRUP PIN-781102 VERSUS THE STATE OF ASSAM AND ANR BY THE PUBLIC PROSECUTOR ASSAM 2:ALI AKBAR S/O LT. BADSHA ALI RESIDENT OF VILLAGE- TANONMARI P.S - HAJO DISTRICT - KAMRUP PIN - 781102 ------------ Advocate for : MS. S NAZNEEN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Linked Case : Case No. : Crl.A./71/2025 JAMIR ALI SON OF BISHA SHEIKH, RESIDENT OF - VILLAGE TANONMARI, P.S. - HAJO, DISTRICT - KAMRUP, PIN-781102 Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ALI AKBAR S/O LT. BADSHA ALI RESIDENT OF VILLAGE- TANONMARI P.S - HAJO DISTRICT - KAMRUP PIN - 78110 Advocate for the Petitioner : MS. S NAZNEEN, MR. J ISLAM,MR Z ALAM Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE (R2),R ISLAM (R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.01.2026 Heard Mr. Z Alam, the learned counsel appearing for the applicant. Also heard Mr. M P Goswami, the learned Addl. Public Prosecutor appearing for the State of Assam and Mr. S. Nawaz, the learned Amicus Curiae appearing for the respondent No. 2. 2. This is an application under Section 430 of the BNSS, 2023 praying for suspension of sentence imposed upon the applicant Jamir Ali. 3. The applicant Jamir Ali was convicted under Section 304 Part-II of the Indian Penal Code by the learned Additional Sessions Judge, Kamrup at Amingaon in Sessions Case No.227/2014. 4. Mr. Goswami has objected to this Interlocutory Application. 5. I have gone through the judgment. I have also considered the submissions made by the learned counsel of both sides. 6. The prayer of Mr. Alam is allowed. 7. It is hereby directed that the operation of the sentence imposed upon the applicant Jamir Ali by the learned Additional Sessions Judge, Kamrup at Amingaon in Sessions Case No.227/2014 Page No.# 3/3 shall remain suspended till disposal of the connected appeal. 8. The applicant Jamir Ali shall be released on bail of ₹50,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Kamrup at Amingaon. With the aforesaid direction, this IA stands disposed of. JUDGE Comparing Assistant