Page No.# 1/3 GAHC010013662024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/96/2024 NITUL DAS S/O SRI PRABIN DAS, R/O PANJABARI, P.S.- SATGAON, GUWAHATI, DIST.- KAMRUP (METRO), ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM. 2:KUSUM KALITA W/O LATE LAKSHMAN KALITA R/O PANJABARI KAILASH NAGAR P.S.- SATGAON GUWAHATI DIST.- KAMRUP (METRO) ASSAM PIN- 781037 Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA HONOURABLE MR. JUSTICE K. SEMA ORDER Date : 09.04.2025 (P. J. Saikia, J) 1. Heard Mr. B. K. Mahajan, learned counsel for the applicant. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State of Assam and Ms. N. Hussan, learned Legal Aid Counsel for the respondent No.2. 2. The present application has been filed under Section 389(3) of the Code of Criminal Procedure praying for suspension of sentence imposed upon the applicant. 3. The charge against the applicant was framed under Sections 498A and 306 of the Indian Penal Code and subsequently he was convicted under Section 302 of the Indian Penal Code. 4. The charge was not altered before that, thereby the Trial Court denied the applicant the opportunity to defendant himself in the Trial Court. 5. We have gone through the impugned Judgment. 6. We have considered the submissions made by learned counsel of both the sides. 7. It is hereby directed that the Judgment dated 22.12.2023 passed by the learned Additional Sessions Judge No.1, Kamrup(Metro), Guwahati in Sessions Case No.46(K)/2015 shall remain suspended till disposal for the connected appeal. Page No.# 3/3 8. The applicant Nitul Das, shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge No.1, Kamrup(Metro), Guwahati. 9. The I.A. stands disposed of. JUDGE JUDGE Comparing Assistant