Page No.# 1/3 GAHC010052832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/432/2025 DIBAKAR BARUAH ALIAS BORUAH S/O JAYANTA BORUAH R/O HATIMURIA GHARPHALIA GAON MORA PUKHURI P.S.- AMGURI DIST - SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM 2:MINAKSHI PHUKAN W/O SHRI BISWAJIT PHUKAN R/O - MORAPUKHURI KONWAR GAON PS - AMGURI DIST - SIVASAGAR ASSAM PIN - 785680 ------------ Advocate for : DITUL DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.05.2025 1. Heard Mr. D. Das, learned counsel for the applicant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for suspension of sentence as well as for release the applicant on bail. 3. The applicant, Dibakar Baruah @ Boruah, along with some other persons were convicted by the learned Sessions Judge, Sivasagar, in Sessions Case No.157 (S- S)/2022. 4. Sentence in respect of some other persons were already suspended and they released on bail. 5. The applicant was convicted under Section 304 Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7(seven) years and to pay a fine of Rs.5,000/-, with default stipulation. 6. Learned Additional Public Prosecutor has pointed out that the PW-2 was an eye witness and the medical evidence also supported the prosecution case. Therefore, the learned Additional Public Prosecutor as objected to this bail application. 7. I have considered the submissions made by learned counsel for both the sides. Page No.# 3/3 8. At this stage, this Court is of the opinion that the prayer made by the applicant deserves to be accepted. 9. Therefore, the sentence imposed upon the applicant, Dibakar Baruah @ Boruah in Sessions Case No.157 (S-S)/2022, by the learned Sessions Judge, Sivasagar shall remain suspended, till disposal of the appeal. 10. The applicant, Dibakar Baruah @ Boruah shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Sivasagar. 11. The I.A. Stands disposed of. JUDGE Comparing Assistant