Page No.# 1/3 GAHC010000452025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/43/2025 BABUL DAS S/O. LATE MAJIN CH. DAS, R/O. VILL. MEDHIPARA, BASUGAON WARD NO. 2, P/S. BASUGAON, DIOST. CHIRANG, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:ALOK SAHA S/O. LATE BARUN CH. SAHA R/O. VILL. MEDHIPARA BASUGAON WARD NO. 2 P/S. BASUGAON DIST. CHIRANG ASSAM Advocate for the Petitioner : MR A W AMAN, MR SARFRAZ NAWAZ,A S CHOUDHURY,MS SURAYA RAHMAN,SAMIM RAHMAN Advocate for the Respondent : PP, ASSAM, MR R DHAR (R-2) Linked Case : Crl.A./17/2025 BABUL DAS S/O. LATE MAJIN CH. DAS R/O. VILL. MEDHIPARA BASUGAON WARD NO. 2 P/S. BASUGAON DIOST. CHIRANG ASSAM. Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM. 2:ALOK SAHA S/O. LATE BARUN CH. SAHA R/O. VILL. MEDHIPARA BASUGAON WARD NO. 2 P/S. BASUGAON DIST. CHIRANG ASSAM. ------------ Advocate for : MR A W AMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.07.2025 Heard Mr. Sarfraz Nawaz, the learned counsel appearing for the applicant. Also heard Ms. S H Borah, the learned Additional Public Prosecutor for the State of Assam as well as Ms. A Parasar, the learned counsel appearing for the private respondent. 2. This application has been filed u/s 430 of the BNSS, 2023 praying for suspension of sentence passed by the Special Judge, Chirang in Special POCSO Case No. 08/2024 and for allowing the applicant to on bail. 3. The applicant Babul Das convicted under Section 10 of the POCSO Act, 2012 and he was sentenced to undergo rigorous imprisonment for 5 years. Since 10.12.2024, i.e. the date of the judgment, the petitioner has been in custody for the last 259 days. 4. Mr. Nawaz has relied upon a judgment of the Hon’ble Supreme Court that was delivered in Kiran Kumar Vs. State of M.P.. reported in (2001) 9 SCC 211 Paragraph 3 of the said judgment is quoted as herein under : - Page No.# 3/3 "3. This Court has held in Bhagwan Rama Shinde v. State of Gujarat, 1999 (4) SCC 421 that when a person is convicted and sentenced to a short term imprisonment the normal rule is that when his appeal is pending the sentence should be suspended and rejection is only by way of exception and be put forward for such rejection. In such case also every endeavour should be made to have the appeal posted for early hearing and disposal. If the short term sentence is allowed to run out during the pendency of the appeal the appeal itself will become, for all practical purposes, infructuous so far as the appellant is concerned. It does not mean that the appellate Court should suspend the sentence, if its consequence would be danger to the society or any other similar difficulties.” 5. Ms. Borah has objected to this bail application. 6. Coming to the case in hand, this Court is of the opinion that the decision that was rendered in Kiran Kumar (supra) is also applicable in the present case. 7. Therefore, the sentence imposed upon the applicant Babul Das by the learned Special Judge, Chirang in Special POCSO Case No. 08/2024 shall remain suspended. 8. The applicant Babul Das shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Chirang. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant