Page No.# 1/3 GAHC010049912024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/251/2024 PRADUNNYA SHIL S./O Late Rakhal Shil R/O Vill-Teliamura PS- Teliamura Dist-Khowai, Tripura VERSUS UNION OF INDIA REP. BY SC DRI. ------------ Advocate for : MR P DAS Advocate for : SC DRI appearing for UNION OF INDIA I.A.(Crl.)/806/2024 SULTAN ALI S/O RAFEZA ALI VILL.- KHONGRA P.O.- KHONGRA DIST.- BARPETA STATE- ASSAM. VERSUS Page No.# 2/3 THE UNION OF INDIA AND ANR. REPRESENTED BY THE DRI 2:NABARUN BHATTACHARYA SENIOR INTELLIGENCE OFFICE DRI GUWAHATI S/O LATE N.K. BHATTACHARJEE R/O KAHILIPARA P.S.- DISPUR DIST.- KAMRUP (M). ------------ Advocate for : MR. M BISWAS Advocate for : SC DRI appearing for THE UNION OF INDIA AND ANR. BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.02.2025 Heard Mr. M.Biswas as well as Mr. P.Das, learned counsel appearing for the applicants in I.A. (Crl.)/251/2024 and I.A. (Crl.)/806/2024. Also heard Ms. M.Deka, learned counsel appearing on behalf of the Standing Counsel, DRI. Both the interlocutory applications are filed under Section 389 (2) of the Code of Criminal Procedure praying for suspension of sentence vide order dated 08.01.2024 passed by the learned Additional Sessions Judge No.1, Kamrup (M), Guwahati. I have gone through the impugned Judgment. The prayer of the applicants are allowed. It is hereby directed that the order of sentence dated 08.01.2024 passed by the learned Additional Sessions Judge No.1, Kamrup (Metro) at Guwahati in NDPS Case No.82/2018 shall remain suspended till disposal of the connected Page No.# 3/3 appeals. Both the applicants have already spent 6 years and 11 months of imprisonment that they were sentenced to undergo 10 years rigorous imprisonment. Mr. M.Biswas, learned counsel has cited a Judgment of the Hon’ble Supreme Court in the case of Narcotic Control Bureau –vs- Lakhwinder Singh, reported in 2025 SCC Online SC 366, wherein in paragraph -5 (iii), it is held that whenever a convict undergoes half of the total imprisonment, he deserves to be released on bail. For the aforesaid reasons, the appeals are allowed. The applicants namely, Pradunnya Shil and Sultan Ali shall be released on furnishing bail of Rs.25,000/-each with one surety each of like amount to the satisfaction of the learned Additional Sessions Judge No.1, Kamrup (M), Guwahati. Both the interlocutory applications are accordingly disposed of. JUDGE Comparing Assistant