Page No.# 1/3 GAHC010183632026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/872/2026 ALTAF HUSSAIN BARBHUIYA S/O- LATE KHALIL UDDIN BARBHUIYA. VILLAGE- SAIDPUR PART-IV P.S.- SILCHAR DISTRICT- CACHAR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM. ------------ Advocate for : MR. N H LASKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : --28.08.2026 Heard Mr. N. H. Laskar, the learned counsel appearing for the applicant and Ms. S. H. Bora, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application filed under Section 430 of the BNSS, 2023, the Page No.# 2/3 applicant has prayed for suspension of sentence and for allowing him to go on bail in connection with Judgment and Order dated 17.08.2026, passed by the learned Addl. Sessions Judge, FTC, Cachar, Silchar, in Criminal Appeal No. 61/2025, by which the conviction of the petitioner under Section 420 IPC, awarded by the Trial Court was upheld. The petitioner was sentenced to undergo SI for period of 6 (Six) months with fine and default stipulation under Section 420 of the IPC. It is this sentence that the petitioner has prayed for suspension and for allowing him to go on bail 3. It is noticed that, the petitioner was convicted under 420 of the IPC and was sentenced to undergo SI for a period of 6 (Six) months with fine and default stipulation. 4. The learned counsel for the petitioner submits that the petitioner was enlarged on previous bail so that he can file an application before the High Court challenging the said conviction and sentence. 5. Under Section 430 of the BNSS, 2023, it is provided that if the convicted person satisfies the Court by which he is convicted that he intends to file an appeal, the Court shall where such, convict is sentenced to an imprisonment for term not exceeding 3 (three) years, released the person on bail unless there are special reason for refusing bail, for such period as it would afford sufficient time to present the appeal and obtain orders from the Appellate Court. 6. The learned counsel for the applicant, submits that the petitioner was released on previous bail. However, he had not annexed the copy of the same in the present petition. But in view of the sentence which is only for a period of 6 Page No.# 3/3 (six) months and coupled with the fact that the appeal cannot be heard within the said period of time, this court deems it fit to suspend the sentence dated 29.11.2025, which was upheld by the Appellate Court by the order dated 17.08.2026 and allow the appellant to go on bail on furnishing of a bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with one local surety to the satisfaction of Addl. Sessions Judge, FTC, Cachar, Silchar. 7. The I.A. stands disposed of. JUDGE Comparing Assistant