Page No.# 1/3 GAHC010179622024 2025:GAU-AS:15644 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/841/2024 JIBESWAR DAS S/O. ASWINI DAS, R/O. VILL. DHEKENABARI, P.S- CHHAYGAON, DIST. KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM. 2:GYANANDA DAS W/O. HARMOHAN DAS R/O. VILL- MAJPARA P.S. CHHAYGAON DIST. KAMRUP ASSAM PIN-78112 Advocate for the Petitioner : MR S BORTHAKUR, MR. A NAYAK Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.11.2025 Heard Mr. S. Borthakur, learned counsel appearing for the applicant. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor for the State of Assam and Mr. S. Das, the learned Amicus Curiae. 2. This is an application under Section 430 of the BNSS, 2023, praying for suspension of sentence in respect of Special (POCSO) Case No. 05/2021, that was disposed of by the Judgment and Order dated 26.06.2024. The petitioner was sentenced to undergo rigorous imprisonment of 5 years. 3. The petitioner, namely, Jibeswar Das, was sentence to undergo rigorous imprisonment for 5 years and was also directed to pay a fine of Rs. 10,000/-. 4. The Court has gone though the impugned Judgment, the petitioner has already spent more than 1 (one) year in judicial custody. 5. The application filed by the petitioner is allowed. 6. The sentence imposed upon the applicant on 26.06.2024 by the learned Special Judge Kamrup in Special (POCSO) Case No. 05/2021, shall remain suspended till disposal of the connected appeal. The applicant Jibeswar Das shall be released on bail of Rs. 50,000/- with the surety of like amount to the Page No.# 3/3 satisfaction of the learned Special Judge, Kamrup Amingaon. 7. The I.A. stands disposed off. JUDGE Comparing Assistant