Page No.# 1/3 GAHC010034762024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/190/2024 BABUL ALI S/O LATE ABDULLAH ALI, VILL.- BORDALONG, P.O. AND P.S.- JAKHALABANDHA, DIST.- NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM. 2:KHEMAT ALI S/O LATE KITABUDDIN VILL.- BORDALONG P.O. AND P.S.- JAKHALABANDHA DIST.- NAGAON ASSAM Advocate for the Petitioner : MS. G BORAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 02.04.2025 Heard Mr. Darak Ullah, the learned counsel appearing for the applicant. Also heard Mr. M.P. Goswami, the learned Addl. Public Prosecutor, Assam representing Respondent No.1. Mr. T.K. Das, the learned counsel represents Respondent No.2. 2. This is an application under Section 389 of the Code of Criminal Procedure (CrPC) praying for suspension of sentence as well as for releasing the applicant Babul Ali on bail. 3. The applicant was convicted under Section 304 Part-II of the Indian Penal Code (IPC) by the learned Sessions Judge, Nagaon in Sessions Case No.94/2007. He was sentenced to undergo rigorous imprisonment for 10(ten) years and was directed to pay fine with default stipulations. 4. Mr. Ullah has submitted that during the trial of the case, the applicant was on bail and he had co-operated with the trial of the case. 5. Mr. Goswami has objected to this bail application. According to Mr. Goswami, the applicant was rightly convicted by the trial court. Therefore, he has objected to this bail application. 6. Mr. Das has submitted that instead of taking up this Interlocutory Application (Crl.), the appeal should be heard. 7. I have considered the learned counsel of both sides. I have also gone through the impugned judgment. 8. Under the given circumstances, the sentenced imposed upon the applicant Babul Page No.# 3/3 Ali by the learned Sessions Judge, Nagaon in Sessions Case No.94/2007 shall remain stayed till disposal of the connected appeal. 9. The applicant Babul Ali shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Nagaon. With the above direction, the Interlocutory Application is disposed of. JUDGE Comparing Assistant