Page No.# 1/3 GAHC010166562026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/846/2026 SWMDWN BASUMATARY SO. RABIRAM BASUMATARY RO. VILL. MAHADIPARA DANGAIGAON PS. BIJNI DIST. CHIRANG ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. SURAJIT DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 02.09.2026 Heard Mr. S. Das, learned Counsel for the applicant and Mr. D.P. Gogoi, learned Additional Public Prosecutor for the State. 2. This is an application filed under Section 430 of the BNSS, 2023 for suspension of sentence and to allow the applicant to remain on previous bail during the pendency of the appeal. The applicant was convicted under Section 319 and Section 61 of BNS, together with Section 10(1) of Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act and was sentenced to under simple imprisonment for 3 years with fine and default stipulation along with other sentences and the said sentences were directed to run concurrently. It is noticed by the said judgment and order dated 08.07.2026, the learned Sessions Judge, convicted the applicant under Section 319 and 61 of BNS as well as under Section 10(1) of Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act as stated above. 3. The applicant was sentenced to undergo simple imprisonment for a period of 3 years with fine and default stipulation under Section 319 BNS as well as to undergo simple imprisonment for 3 years with fine and default stipulation under Page No.# 3/3 Section 61 of BNS as well as to undergo simple imprisonment for a period of 3 years with fine and default stipulation under Section 10(1) of Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act. The sentences were directed to run concurrently. 4. Under Section 430 of BNSS, 2023, it is provided that in cases where conviction is given for a term not exceeding three years, the Trial Court on application made, may order the convict appellant to remain on bail till he submits an application before the higher Court. In pursuant to the same, the Sessions Judge, Chirang had allowed the convict appellant to remain on previous bail. In the facts and circumstances of the case and noticing that the appellant was sentenced for a period of three years by the said judgment and order, the sentence awarded by the said judgment stands suspended till disposal of the instant criminal appeal. Further the appeal is allowed to remain on previous bail. 5. With the above observations, the I.A. is disposed of. JUDGE Comparing Assistant