Page No.# 1/4 GAHC010033572026 2026:GAU-AS:10510 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/160/2026 SRI DIPOK SAIKIA ALIAS DIPEN ALIAS BHAI SON OF LATE TAINI SAIKIA, RESIDENT OF VILL- DA-PATHAR GAON, P.O- DA-PATHAR, P.S- BORPATHAR, IN THE DISTRICT OF GOLAGHAT, ASSAM, PIN785602. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., GOVERNMENT OF ASSAM, GAUHATI HIGH COURT, GUWAHATI. 2:SMTI LAXMI TANTI D/O- SRI DIGANTA TANTI RESIDENT OF VILL- DA-PATHAR GAON P.O- DA-PATHAR P.S- BORPATHAR IN THE DISTRICT OF GOLAGHAT ASSAM PIN785602 Advocate for the Petitioner : MR. J HATIMURIA, MR. N M DAS,MR. M KALITA Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./397/2025 SRI DIPOK SAIKIA ALIAS DIPEN ALIAS BHAI SON OF LATE TAINI SAIKIA Page No.# 2/4 RESIDENT OF VILL- DA-PATHAR GAON P.O- DA-PATHAR P.S- BORPATHAR IN THE DISTRICT OF GOLAGHAT ASSAM PIN 785602. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P. GOVERNMENT OF ASSAM 2:SMTI LAXMI TANTI D/O- SRI DIGANTA TANTI RESIDENT OF VILL- DA-PATHAR GAON P.O- DA-PATHAR P.S- BORPATHAR IN THE DISTRICT OF GOLAGHAT ASSAM PIN 785602. ------------ Advocate for : MR. M KALITA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.07.2026 Heard Mr. M. Kalita, learned counsel for the applicant. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State and Mr. H. Baruah, learned counsel for the respondent No. 2. 2. By this application, the applicant has prayed for suspension of the sentence imposed upon him by judgment and order dated 30.07.2025 passed by the learned Special Judge (POCSO), Golaghat in Special POCSO Case No. 09/2022, Page No.# 3/4 by which the applicant was sentenced to undergo R.I. for a period of 4(four) years with fine and default stipulation under Section 8 of the POCSO Act. The applicant has also prayed for allowing him to go on bail. 3. The learned counsel for the applicant submits that out of the 4(four) years’ incarceration period, the applicant was already inside the jail for more than 1 year i.e. 14 months 8 days as of today and he submits that that the hearing of the appeal would take some time. He further submits that there are discrepancy in the evidence of the instant case and also submits that even the date of occurrence was differently stated in the FIR as well as in the deposition. He as such has prayed for suspension of sentence and the subsequent bail. 4. Mr. Kalita, learned counsel for the applicant to substantiate his argument has placed a judgment of the Hon’ble Supreme Court, delivered in Criminal Appeal No. 3409/2025 ( Aasif @ Pasha vs. The State of U.P. & Ors., wherein it was held that if the convict is allowed to stay his entire period of sentence i.e. 4(four) years and the appeal is not taken up for hearing, the appeal would become infructuous and the same would be traversity of justice. 5. Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam submits that there is consistency in the statement of the victim before all the authorities, i.e. the police, the Magistrate as well as the trial court and as such, the conviction and sentence imposed upon the applicant is correct. 6. The learned counsel appearing for informant also submits that there is no flaw in the said judgment and order and as such, no suspension of sentence or consequent bail be granted to the applicant. Page No.# 4/4 7. I have considered the rival submissions of the learned counsels for the parties. It is noticed that the applicant has been inside the jail for more than a year and by taking into account the period of remission, the rest of the period requires to be undergone by the applicant would be less than 3(three) years. This appeal has been filed in the year 2025 and the same would take some time for disposal. Further, it is also seen that there has been delay in filing the Ejahar in the instant case and there are also discrepancies in the statement of the victim to certain extent. 8. In view of the same, this Court finds it fit to suspend the sentence and to allow the petitioner to remain on bail during pendency of the appeal. Accordingly, the sentence dated 30.07.2025 passed by the learned Special Judge (POCSO), Golaghat in Special POCSO Case No. 09/2022 is suspended and the petitioner is directed to be released on bail on furnishing of a bail bond of Rs. 20,000/-(Rupees Twenty Thousand only) with one local surety of the like amount to the satisfaction of the learned Special Judge, POCSO, Golaghat. 9. In view of the above, interlocutory application stands disposed of. JUDGE Comparing Assistant