Page No.# 1/3 GAHC010039432025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/169/2025 ANKHUMAN ALIAS ANKUMAN ALIAS ANSHUMAN PHUKAN S/O- JUGANANDA PHUKAN R/O- MORAPUKHURI KONWAR GAON P.S-AMGURI SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:SMTI MINAKSHI PHUKAN W/O- BISWAJIT PHUKAN R/O- MORAPUKHURI KONWAR GAON P.S-AMGURI SIVASAGAR ASSAM ------------ Advocate for : DITUL DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Case No. : Crl.A./67/2025 ANKHUMAN ALIAS ANKUMAN ALIAS ANSHUMAN PHUKAN S/O- JUGANANDA PHUKAN, R/O- MORAPUKHURI KONWAR GAON, P.S-AMGURI, SIVASAGAR, ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:SMTI MINAKSHI PHUKAN W/O- BISWAJIT PHUKAN R/O- MORAPUKHURI KONWAR GAON P.S-AMGURI SIVASAGAR ASSA Advocate for the Petitioner : DITUL DAS, MR A BORUAH,MR. R BORO,MR. C BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 28.02.2025 Heard Mr. Ditul Das as well as Mr. C. Baruah, the learned counsel appearing for the applicant. Also heard Mr. KK Das, the learned Additional Public Prosecutor for the State of Assam/respondent No.1. 2. This is an application under Section 430 of the BNSS, 2023 praying for suspension of sentence as well as for releasing the appellant on bail. 3. The applicant was convicted by the learned Sessions Judge, Sivasagar in Sessions Case No. 157(S-S)/2022. He was convicted under Part –II of Section 304 Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 (seven) years and also to pay a fine of Rs. 5,000/- (Rupees five thousand) with default stipulation. 4. I have gone through the judgment. I have also considered the submissions made by the learned counsel of both sides. 5. The prayer of the applicant is allowed. 6. The sentence imposed upon the applicant on 21.12.2024 in Sessions Case No. 157(S- Page No.# 3/3 S)/2022 by the learned Sessions Judge, Sivasagar shall remain suspended till disposal of the connected appeal. 7. The applicant Ankhuman @ Ankuman @ Anshuman Phukan is allowed to go on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Sivasagar. The IA stands disposed of. JUDGE Comparing Assistant