Page No.# 1/3 GAHC010011292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/77/2025 BUDHESWAR BASUMATARY S/O ROHEN BASUMATARY, RESIDENT OF VILLAGE KAHIGURI (AMGURI) PS SIDLI, DIST CHIRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM 2:LAWGI BASUMATARY W/O LATE BARLANG BASUMTARY RESIDENT OF PRETGAON PS SIDLI DIST CHIRANG ASSA Advocate for the Petitioner : MD A RAHMAN, MR SARFRAZ NAWAZ,MR A W AMAN,MR. SURAJIT DAS,MS SURAYA RAHMAN,SAMIM RAHMAN Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./24/2025 BUDHESWAR BASUMATARY S/O ROHEN BASUMATARY RESIDENT OF VILLAGE KAHIGURI (AMGURI) PS SIDLI DIST CHIRANG ASSAM VERSUS Page No.# 2/3 THE STATE OF ASSAM REPRESENTED BY PP ASSAM 2:LAWGI BASUMATARY W/O LATE BARLANG BASUMTARY RESIDENT OF PRETGAON PS SIDLI DIST CHIRANG ASSAM ------------ Advocate for : MD A RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.05.2025 Heard Mr. Sarfraz Nawaz, the learned counsel appearing for the applicant. Also heard Mr. B Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application has been filed under Section 430 (1) of the BNSS, 2023 praying for suspension of sentence imposed upon the applicant Budheswar Basumatary by the learned Special Judge (POCSO), Chirang, Kajalgaon in Special (POCSO) Case No. 16/2024 as well as for allowing the applicant to go on bail. 3. The applicant was convicted by the learned Special Judge (POCSO), Chirang, Kajalgaon in Special (POCSO) Case No. 16/2024. 4. Mr. Sarma has objected to this bail application. 5. I have considered the submissions made by the learned counsel of both sides. I have also gone through the impugned judgment. 6. In the said judgment, it has been held that the victim is not a child as defined under Section 2 (d) of the POCSO Act. 7. This Court is of the opinion that the prayer of the applicant deserves to be accepted. 8. Therefore, it is hereby directed that the sentence imposed upon the applicant Budheswar Basumatary by the learned Special Judge (POCSO), Chirang, Kajalgaon in Special (POCSO) Case Page No.# 3/3 No. 16/2024 shall remain stayed till disposal of the connected appeal. 9. The applicant Budheswar Basumatary is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Chirang, Kajalgaon. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant