Page No.# 1/3 GAHC010158722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/817/2026 TOMESH BASUMATARY S/O. GELSING BASUMATARY R/O. VILL. AMLAIGURI P/S. PANBARI DIST. CHIRANG ASSAM VERSUS THE STATE OF ASSAM AND ANR. TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR ASSAM 2:DR NILPADMINI RABHA PRINCIPAL U.N. BRAHMA COLLEGE W/O. KHAGEN RABHA R/O. VILL. KAJALGAON P/S. KAJALGAON DIST. CHIRANG ASSAM ------------ Advocate for : MR SARFRAZ NAWAZ Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 14.08.2026 Heard Mr. S. Nawaz, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the opposite party No. 1. 2. This application, under Section 430(1) of the BNSS, 2023, is preferred by the applicant for suspension of the sentence and to allow him to remain on previous bail during the pendency of the connected appeal. 3. It is to be noted here that vide impugned judgment and order dated 08.07.2026, the learned Sessions Judge, Chirang (‘trial Court’, for short), in Sessions Case No. 21/2025, had convicted the applicant under Sections 319 and 61 of the BNS, 2023 and Section 10 (1) of Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2024, and sentenced him to undergo simple imprisonment for 3 (three) years and to pay a fine Rs.10,000/-, with default stipulation for the offence under Section 319, BNS, 2023; to undergo simple imprisonment for 3 (three) years and to pay a fine Rs.10,000/-, with default stipulation for the offence under Section 61, BNS, 2023; and to undergo simple imprisonment for 3 (three) years and to pay a fine Rs.10,000/-, with default stipulation for the offence under Section 10 (1) of Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2024; and directed to run all the sentences concurrently. 4. Taking note of the facts and circumstances on the record, the sentence so imposed by the learned trial Court, vide impugned judgment and order dated 08.07.2026, stands suspended till disposal of the connected appeal. Further, the applicant is allowed to remain on previous bail. Page No.# 3/3 5. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant