Page No.# 1/3 GAHC010228232025 2025:GAU-AS:14318 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1125/2025 SRI BITUL DAS S/O SRI MAJU DAS, R/O ROMONICHUK, P.S.-NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. P J SAIKIA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.10.2025 Heard Mr. P.J Saikia, learned counsel for the petitioner and Mr. R.R. Kaushik, learned Addl. PP for the State. This is an application filed u/s 430 of the BNSS, 2023 for suspension of Page No.# 2/3 sentence and subsequent bail to the applicant pending disposal of the connected Criminal Revision. The applicant is convicted u/s 447 of the IPC/323 IPC as well as 354 of the IPC and was sentenced to undergo SI for one month u/s 447, to undergo SI for one and half year with fine and default stipulation u/s 354 of the IPC and to undergo S.I for 3 months u/s 323 of the IPC. The sentences were directed to run concurrently vide Judgment dated 10.05.2022 and sentencing Order dated 26.12.2022 by the Court of Addl. Session Judge, FTC, Lakhimpur, in Criminal Appeal No. 8 (1) of 2019. U/s 430 of the BNSS, 2023 it is provided that where the convicted person satisfy the Court by which he is convicted that he intends to present an appeal where the sentence of punishment is less than 3 years the said Court may release the convicted person on bail,unless there are special reason for refusing the same for such period as it would afford sufficient time to present the appeal and obtain orders from the appellate Court and the sentence of imprisonment so long as he is released on bail is deemed to be suspended. However, in the instant case the same has not been done. Since the incarceration period is only 1 year 6 months, this Court deemed it fits that the sentence imposed upon the applicant may be Page No.# 3/3 suspended and he may be released on bail on furnishing a bail bond of 20,000 with 1 local surety of the like amount to the satisfaction of the Trial Court. The I.A is disposed of. JUDGE Comparing Assistant