Page No.# 1/3 GAHC010124032026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/747/2026 MD. RAFIK ALI S/O SAYED HAMID ALI R/O VILL.- TELIAPARA P.S.- PANERY DIST. - UDALGURI B.T.R. ASSAM PIN - 784524. VERSUS THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR GAUHATI HIGH COURT ------------ Advocate for : MS. P SAHARIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10.09.2026 Learned Legal Aid Counsel Ms. P. Saharia is present for the applicant, who Page No.# 2/3 has filed this application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for suspension of sentence/judgment and order dated 18.12.2025 passed by the learned Sessions Judge, Udalguri in Criminal Appeal No. 35/2025 and to release the applicant/petitioner on previous bail. 2. Heard learned Additional Public Prosecutor Mr. R.R. Kaushik for the respondent State. 3. The applicant is aggrieved by the judgment and order dated 18.12.2025 passed by the learned Sessions Judge, Udalguri in Criminal Appeal No. 35/2025, dismissing the appeal and upholding the conviction and sentence vide the judgment and order dated 07.07.2025 passed by the learned Additional Chief Judicial Magistrate, Udalguri, in connection with G.R. Case No. 374/2024 (P.R.C. No. 379/2024) whereby the applicant/petitioner was convicted under Section 279 of IPC to undergo R.I. for 6 months, further to pay a fine of Rs.5000/- (Rupees Five Thousand) for offence under Section 337 of IPC; pay a fine of Rs.10,000/- (Rupees Ten Thousand) for offence under Section 427 of IPC and to undergo R.I. for one year and to pay a fine of Rs.5000/- (Rupees Five Thousand) for offence under Section 304-A of IPC. 4. It is submitted that the applicant is already on previous bail and the applicant/petitioner has prayed to remain on previous bail until further orders. It is also submitted that that the operation of the order of conviction and sentence may be stayed. 5. I have considered the submissions at the bar. After considering the entire aspect of the matter, the operation of the order of sentence is suspended until Page No.# 3/3 further orders and the applicant is allowed to remain on previous bail until further orders. 6. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant