Page No.# 1/3 GAHC010020412023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/161/2025 ABDUL MOTLEB S/O MD. HAJARAT ALI VILL.- DAPARKAVITHA P.S.- LAKHIPUR DIST.- GOALPARA T/ADD- C/O- HAIDAR ALI SARUMOTORIYA P.S.- DISPUR. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSCUTOR ASSAM 2:REZA BORHANI VILLAGE HOUSE NO 8 BYELANE MUSAFIRKHANA ROAD PALTAN BAZAR KAMRUP METRO ASSAM ------------ Advocate for : IMRAN UDDIN CHOWDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 08.04.2025 Heard Mr. A Ahmed, learned counsel for the applicant as well as Ms. A Ahmed, learned Additional Public Prosecutor, Assam. Also heard Ms. S. Chutia, learned counsel for the respondent no. 2. This is application filed under Section 389 CrPC praying for suspension of sentence. The applicant Abdul Motleb was convicted under Section 10 of the POCSO Act by the learned Additional Sessions Judge-cum- Special Judge (POCSO), Kamrup (M), Guwahati in Sessions Special (POCSO) Case No. 40/2021. The applicant was sentenced to rigorous imprisonment for 5 (five) years and also directed to pay a fine of Rs.5,000/- with default stipulations. The applicant has already completed more than 2 (two) years 5 (five) months in judicial custody. Ms. Chutia has objected to this application by referring to the evidence available in the records. According Ms. Chutia, the trial court has rightly convicted the applicant. I have considered the submissions made by the learned counsel for both sides. Under the given circumstances of the case, this court is of the opinion that the prayer of the applicant deserves to be accepted. Therefore, it is hereby directed that the sentence imposed upon the applicant Abdul Motleb by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup (M), Guwahati in Sessions Special (POCSO) Case No. 40/2021 on 17.01.2023 shall remain suspended till disposal of the connected appeal. Page No.# 3/3 Accordingly, the applicant Abdul Motleb is allowed to go on bail, who is in jail in connection with the above-mentioned case, by executing a bond of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup (M), Guwahati. The interlocutory application is disposed of. JUDGE Comparing Assistant