Page No.# 1/3 GAHC010250862025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1375/2025 in CRL.A(J)/203/2025 MD SARIF UDDIN ALIAS SARIFUL ISLAM S/O -ABDUL KARIM ALIAS UDDIN R/O - VILLAGE- MAHMARI PATHAR PS- LAHARIGHAT P.O- LAHARIGHAT DISTRICT- MORIGAON ASSAM PIN CODE- 782127. VERSUS THE STATE OF ASSAM REPRESENTED BY PP GOVT. OF ASSAM. 2:MR HUSSAIN ALI S/O LATE AMSAR ALI R/O-VILLAGE- AUTOLABARI P.S- LAHARIGHAT P.O -LAHARIGHAT DISTRICT- MORIGAON ASSAM PIN CODE-782127. ------------ Advocate for : A HUSSAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 25.05.2026 (M. Zothankhuma, J) Heard Mr. B. K. Sen, learned Legal Aid Counsel for the applicant/appellant. Also heard Mr. R. R. Kaushik, learned APP, Assam and Mr. F. Haque, learned Page No.# 2/3 counsel for the respondent No. 2. 2. The present application has been made under Section 430 B.N.S.S. for suspending the sentence to be undergone by the applicant/appellant, due to his conviction under Section 6 of the POCSO Act by the Special Judge (POCSO), Morigaon in POCSO Case No.150/2024 by the impugned judgment dated 23/06/2025. 3. The applicant/appellant’s counsel submits that the applicant and the victim, who was above 17 years at the time of the incident, were in love and they also had a child, who unfortunately died. 4. The applicant’s counsel submits that there being no forceful sexual intercourse between the parties and as they were in love, the applicant should be released on bail. He further submits that it is not known when the appeal shall be finally disposed of and as such, due to long incarceration in jail, the applicant should be released on bail. 5. Mr. R. R. Kaushik, learned APP submits that the victim was, below 18 years though above 17 years, at the time of the incident. He accordingly submits that there is no infirmity in the conviction of the applicant. 6. Mr. F. Haque, learned counsel for the respondent No. 2 submits that the victim and the appellant were in love and he has got no objection to the applicant being released on bail. 7. We have heard the learned counsels for the parties. Page No.# 3/3 8. We have noticed that the learned Trial Court has recorded the fact that during the period of custody, the applicant had escaped from District Jail, Morigaon on 11.02.2024 and again was readmitted to the jail on 29.10.2024. 9. On account of the above, we are not inclined to allow the present application for suspension of the sentence. 10. I.A. is accordingly rejected. JUDGE JUDGE Comparing Assistant