Page No.# 1/3 GAHC040016812024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/95/2024 Barkat Ali Age: 38 Occupation : Address:Son of Shri Abdul Salam Ali a resident of Gandhi Nagar (2 No. Gali) PO and PS Silapathar Dhemaji District Assam. VERSUS The State of AP Age: 0 Occupation : Address:represented by the PP of AP Advocate for the Petitioner : J Tsering, Advocate for the Respondent : P P of AP, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.03.2025 Heard Mr. J. Tsering, learned counsel for the applicant and Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh. This application has been filed under Section 430(1) of the BNSS, 2023, praying for suspension of sentence and for granting bail to the applicant. The applicant, namely, Md. Barkat Ali, was convicted by the Court of Sessions at Pasighat in Sessions Case No.13/2017, and was sentenced to undergo rigorous imprisonment of 10 (ten) years. During the pendency of the appeal, the appellant/applicant pleaded that he was a juvenile on the day of occurrence. By the order dated 12.12.2024, passed in IA(Crl.)103(AP)2024, this Court directed the learned Sessions Judge, Pasighat to determine the age of the appellant/applicant. The learned Sessions Judge, after an enquiry, held that the applicant was 15 years 11 months and 15 days old on the day of occurrence. I have considered the submissions made by the learned counsels for both the sides. Under the given circumstances, it is hereby directed that the sentence imposed upon the applicant, Md. Barkat Ali by the learned Sessions Judge, Pasighat in Sessions Case No.13/2017, shall remain stayed till disposal of the connected appeal. Page No.# 3/3 Accordingly, the applicant, namely, Md. Barkat Ali is allowed to go on bail on furnishing a bail bond of Rs.25,000/-(Rupees Twenty five thousand) only, with a surety of like amount to the satisfaction of the learned Sessions Judge, Pasighat, on the terms and conditions that may be imposed by the learned Sessions Judge, Pasighat. With the aforesaid direction, the I.A. stands disposed of. JUDGE Comparing Assistant