Page No.# 1/2 GAHC010023432025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/116/2025 MOMINUL HAQUE ALIAS MOMINUL ISLAM S/O LT. NASIR UDDIN, R/O NO. BARDOLONI, P.S.- BAGHBOR, P.O.- MANDIA, DIST. BARPETA, ASSAM, ASSAM, PIN- 781308. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSCUTOR , ASSAM 2:SAHED ALI AHMED S/O OSMAN ALI R/O MANDIA GAON (PURANA BASTI) P.S.- BAGHBOR P.O.- MANDIA DIST.- BARPETA (ASSAM) PIN- 781308 Advocate for the Petitioner : IMRAN UDDIN CHOWDHURY, MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 23.04.2025 Heard Mr. H R A Choudhury, learned senior counsel, appearing for the applicant, assisted by Mr. I U Chowdhury, Advocate. Also heard Ms. N. Das, learned Additional Public Prosecutor, Assam and Mr. N Uddin, learned counsel for the respondent no. 2. This is an application filed under Section 389 CrPC corresponding to Section 430 of the BNSS, 2023 praying for suspension of the sentence imposed upon the applicant. The applicant Mominul Haque @ Mominul Islam was convicted and sentenced by the learned Additional Sessions Judge-cum- Special Judge, POCSO, Barpeta in Special POCSO Case No. 09/2020. I have gone through the evidence of the witnesses. Considering entire aspect of the matter, this court is of the opinion that the prayer of the applicant deserves to be accepted at this stage. Therefore, the sentence imposed upon the applicant, namely, Mominul Haque @ Mominul Islam by the learned Additional Sessions Judge-cum- Special Judge, POCSO, Barpeta in Special POCSO Case No. 09/2020 shall remain suspended till disposal of the connected appeal. Accordingly, it is directed that the applicant Mominul Haque @ Mominul Islam shall be released on bail of Rs.20,000/-, who has been convicted in Special POCSO Case No. 09/2020, with one surety of like amount to the satisfaction of the learned Additional Sessions Judge-cum- Special Judge, POCSO, Barpeta The interlocutory application is disposed of. JUDGE Comparing Assistant