Page No.# 1/3 GAHC010174982026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/877/2026 SADDAM HUSSAIN S/O SAMSUL HUSSAIN @ SAMSUL ALI R/O VILL- ISLAMPUR MERAPANI P.O.- MERAPANI P.S- MERAPANI DIST- GOLAGHAT ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:REJIA KHATUN W/O- MD. JAHURUDDIN A RESIDENT OF VILL- NO. 2 NEGHERIBIL P.O.- MERAPANI P.S- MERAPANI DIST- GOLAGHAT ASSAM PIN- 785705. ------------ Advocate for : MR. M A I HUSSAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : --07.09.2026 Heard Mr. M. A. I. Hussain, the learned counsel for the petitioner and Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application filed under Section 430 of the BNSS, 2023, the applicant has prayed for suspension of sentence and for being released on bail. The applicant has prayed for suspension of the sentence imposed vide judgment and order dated 18.06.2026, passed by the learned Additional Sessions Judge, Golaghat, in Sessions Case No. 101/2017, whereby the applicant was sentenced to undergo rigorous imprisonment (R.I.) for a period of 1 (one) year and to pay a fine of Rs. 30,000/- (Rupees Thirty Thousand), and in default of payment of fine, to undergo simple imprisonment (S.I.) for a further period of 3 (three) months. 3. The learned counsel for the applicant submits that, by the said judgment and order dated 18.06.2026, the applicant was allowed to remain on previous bail until further orders. It is further submitted that, by order dated 03.08.2026, on the prayer made by the applicant for allowing him to remain on previous bail till the filing of the appeal, the Court allowed the said prayer. 4. The learned counsel for the petitioner submits that under section 430 of the BNSS, 2023, more specifically Sub-section 3 of the same, the applicant was allowed to remain on previous bail till he files the appeal before the High Court. It is further seen that the incarceration period, is only for a period of period of 1 Page No.# 3/3 (one) year and it is not likely that the appeal will be heard before the expiry of the same. As such, this Court deems it fit to suspend the sentence dated 18.06.2026, passed by the Additional Sessions Judge, Golaghat in Sessions Case No. 101/2017. The applicant is also allowed to go on bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of the Additional Sessions Judge, Golaghat. 5. The I.A. disposed of. JUDGE Comparing Assistant