Page No.# 1/2 GAHC010186742025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/912/2025 PRADIP KUMAR DUTTA S/O. LT. SUSHIL DUTTA, R/O. DAS COLONY, BALIGHAT, P/S. SILCHAR, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM. 2:SUDIP PAUL S/O. LT. PROMESH PAUL R/O. BALIGHAT DAS COLONY P/S. SILCHAR DIST. CACHAR ASSAM Advocate for the Petitioner : MR. S K JAIN, MR. S PAUL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 10.06.2026 Heard Mr. B K Mahajan, learned counsel appearing for the applicant. Also Mr. K K Porasor, learned Additional Public Prosecutor, Assam and Mr. N A Laskar, learned counsel appearing for the respondent no. 2. This is an application filed under Section 430 of the BNSS, 2023 praying for suspension of sentence and Page No.# 2/2 release of the applicant Sri Pradip Kumar Dutta on bail. The applicant was sentenced to Rigorous Imprisonment for 5 (five) years by the learned Special Judge (POCSO), Cachar, Silchar in Special (POCSO) Case No. 17/2024 and he has already completed more than 1 (one) year in jail. Mr. Mahajan has relied upon a judgment of the Hon’ble Supreme Court of India that was rendered in the case of Bhagwan Rama Shinde Gosai and Ors. v. State of Gujrat, reported in (1999) 4 SCC 421. Mr. Laskar has submitted that there is every possibility that the applicant shall take revenge upon the family members of the victim girl if he comes from jail. Mr. Porasor has also supported the judgment passed by the learned Trial Court. I have considered the submissions made by the learned counsel for both sides. This Court is of the opinion that the applicant does not deserve to be detained in custody further. Accordingly, it is hereby directed that the Judgment and Order dated 23.06.2025 passed by the learned Special Judge (POCSO), Cachar, Silchar in Special (POCSO) Case No. 17/2024 shall remain suspended till disposal of the connected appeal. The applicant Sri Pradip Kumar Dutta is allowed to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Special Judge POCSO), Cachar, Silchar in Special (POCSO) Case No. 17/2024. The interlocutory application is disposed of. JUDGE Comparing Assistant