Page No.# 1/3 GAHC010273272024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/929/2025 MD MUKSHED ALI S/O MD. ABDUL ALI RESIDENT OF MIKIRGAON PS MIKIRBHETA DIST MORIGAON ASSAM 782105 VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:XXX D/O SIRAJUL HOQUE RESIDENT OF VILLAGE TORAJAN PS MIKIRBHETA DIST MORIGAON ASSAM 782105 ------------ Advocate for : MR A ATREYA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 15.09.2026 Heard Mr D K Bhattacharya, learned counsel for the applicant and Mr Sahid Ahmed, learned counsel appearing on behalf of Mr A Phukan, learned Amicus Curiae for the respondent No. 2. 2. By this application filed under Section 430(2) of the BNSS, 2023, the applicant has prayed for suspension of sentence and for allowing him to go on bail. The applicant has prayed for the said suspension with regard to the Judgment and Order dated 01.102024, passed by the learned Additional Sessions Judge -cum Special Judge (POCSO), Morigaon, in POCSO Case No. 201/2022. By the said Judgment and Order, the applicant was convicted under Sections 354-A/506 of the IPC, read with Section 8 of the POCSO Act, and was sentenced to undergo Rigorous Imprisonment for 5 years with a fine of Rs. 10,000/- and in default, to undergo RI for another period of 2 (two) months, under Section 8 of the POCSO Act, by applying Section 42 of the POCSO Act. 3. The learned counsel for the applicant submits that the incarceration period that was imposed is for a period of 5 years and that the applicant has already been inside for more than 2 (two) years as of now. Mr Bhattacharyya, learned counsel for the applicant has placed a judgment of Hon’ble Supreme Court passed in the case of Bhagwan Rama Shinde Gosai & Others vs. State of Gujarat, reported in (1999) 4 SCC 421, by which the Apex Court had held that when the sentence is imposed for a fixed term or for a limited duration, the applicant should be enlarged on bail unless there are exceptional circumstances. It is also held that in case, the sentence is not suspended, then every endeavour should be made to dispose of the appeal on merits as soon as Page No.# 3/3 possible, because otherwise, the valuable right of appeal would be an exercise of futility by efflux of time. He, as such, submits that in the instant case, the applicant is imposed with a sentence of 5 years and almost half of the sentence, he has already undergone and there being no exceptional circumstances, the applicant be released on bail. 4. On the other hand, the learned counsel appearing for the respondent No. 2, submits that the matter be heard on merits finally, and that the same be disposed of 5. On the facts and circumstances of the case, this Court deems it fit to suspend the sentence imposed upon the petitioner vide Judgment and order dated 01.10.2024, passed by the learned Additional Sessions Judge -cum- Special Judge (POCSO), Morigaon, in POCSO Case No. 201 of 2022. Resultantly, the applicant is allowed to be released on bail during the pendency of the appeal, on furnishing a bail bond of Rs. 20,000/-, with one local surety of the like amount to the satisfaction of the learned Trial Court. 6. Interlocutory Application stands disposed of. JUDGE Comparing Assistant