Page No.# 1/3 GAHC010267702025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1304/2025 PURNA KANTA GOHAIN AND 2 ORS. SON OF ATUL GOHAIN, RESIDENT OF VILLAGE- KATHALGURI, POLICE STATION- BORDUMSA, POST OFFICE- KATHALGURI DISTRICT - TINSUKIA, ASSAM, PIN-786174 2: MRIDUL GOHAIN SON OF ATUL GOHAIN AGE-40 YEARS RESIDENT OF VILLAGE- KATHALGURI POLICE STATION- BORDUMSA POST OFFICE- KATHALGURI DISTRICT - TINSUKIA ASSAM PIN-786174 3: LAKHESWAR GOHAIN SON OF ATUL GOHAIN AGE-42 YEARS RESIDENT OF VILLAGE- KATHALGURIPOLICE STATION- BORDUMSA POST OFFICE- KATHALGURI DISTRICT - TINSUKIA ASSAM PIN-78617 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:SRI TILESWAR GOHAIN SON OF LATE BHADRESWAR GOHAIN RESIDENT OF VILLAGE- KATHALGURI POST OFFICE- KATHALGURI POLICE STATION- BORDUMSA DISTRICT- TINSUKIA ASSAM PIN-78617 Advocate for the Petitioner : MR. N HASAN, MR. A HASAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 30 .03. 2026 Heard Mr. N. Hasan, learned counsel for the accused/petitioners and Ms. SH Borah, learned Addl. Public Prosecutor, Assam for the State respondent No. 1. This interlocutory application has been filed under Section 430 of the BNSS, 2023 seeking suspension of sentence of 4 years rigorous imprisonment vide impugned judgment and order dated 10.11.2025, passed by the learned Addl. Sessions Judge (FTC-1), Margherita, Tinsukia in Sessions Case No. 309(M)/ 2014 under Sections 326/ 34 of the IPC and fine of Rs. 10,000/- and to allow the accused/ petitioners to go on bail. The learned counsel for the accused/ petitioners submits that the petitioners have already spent 8 months behind the bars. It is the settled law that whenever the sentence is for fixed period, particularly when the same is for short duration, the sentence is normally to be suspended. In view of the above, the remainder of the sentences imposed by impugned judgment and order dated 10.11.2025, passed by the learned Addl. Sessions Judge (FTC-1), Margherita, Tinsukia in Sessions Case No. 309(M)/ 2014 under Sections 326/ 34 of the IPC is hereby suspended till disposal of the connected appeal. Further, the petitioners namely (1) Sri Purna Kanta Gohain, (2) Sri Mridul Gohain and (3) Sri Lakheswar Gohain are released on bail on furnishing a bond of Rs. 20,000/- each with one surety each of like amount to Page No.# 3/3 the satisfaction of the learned trial Court. The I.A. stands disposed of. JUDGE Comparing Assistant