Page No.# 1/3 GAHC010000602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/3/2025 DEBASHISH MALAKAR S/O LATE KAMINI KUMAR MALAKAR LAKSHMI CHARRAN ROAD KARIMGANJ P.O. SRIBHUMI ERSTWHILE KARIMGANJ 788710 P.S. SRIBHUMI ERSTWHILE KARIMGANJ DIST. SRIBHUMI ERSTWHILE KARIMGANJ ASSAM VERSUS THE STATE OF ASSAM NOTICE TO BE ISSUED THOUGH THE PP ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --07.01.2025 Heard Mr. HRA Choudhury, the learned senior counsel assisted by Mr. B. Malakar, the learned counsel for the petitioner and also heard Ms. S.H. Bora, the learned Additional Public Prosecutor for the State respondent. 2. This is an application u/s 430/438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for suspension of the conviction and sentence dated 17.03.2017 and 18.03.2017 passed by learned Additional Chief Judicial Magistrate, Karimganj in G.R. Case No. 245 of 2012, convicting and sentencing the petitioner u/s 468/471/409 IPC which is upheld by the learned Additional Sessions Judge, Karimganj as per the impugned judgment & order dated 09.12.2024 passed in Criminal Appeal No. 18(01) of 2017. 3. It is submitted by Mr. Choudhury that after disposal of the appeal the learned Additional Sessions Judge had directed the present petitioner to surrender before the learned Trial Court below within 1 [one] month from the date of judgment to undergo sentence imposed upon him. Accordingly, the present petition has been filed for allowing the present petitioner to remain on previous bail till disposal of the revision petition and also prayed for suspension of sentence till disposal of the same. 4. Ms. Borah, the learned Additional Public Prosecutor submitted that prayer for his previous bail may be considered till disposal of the revision petition. 5. Considering the submissions made by learned counsel for both sides, the Page No.# 3/3 petition is allowed and the execution of sentence passed vide orders dated 17.03.2017 and 18.03.2017 by learned Additional Chief Judicial Magistrate, Karimganj is hereby suspended till disposal of the revision petition and the petitioner is also allowed to remain on previous bail till disposal of the same. 6. With the above observations, the IA stands disposed of. JUDGE Comparing Assistant