Page No.# 1/3 GAHC010105402024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/580/2024 ALIBE BHENGRA S/O- SOMA BHENGRA R/O- JORASOR BASTI P.S.- RANGAPARA P.O.- RANGAPARA DISTRICT- SONITPUR ASSAM. PIN-784505. VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PUBLIC PROSECUTOR. 2:SOMA BHENGRA S/O- LATE JENGRA BHENGRA R/O- JORASOR BASTI P.S.- RANGAPARA P.O.- RANGAPARA DISTRICT- SONITPUR ASSAM. PIN-784505. ------------ Advocate for : MR. P THAKURIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Page No.# 2/3 Date : 06.01.2026 Heard Mr. P. Thakuria, learned counsel for the petitioner and also heard Mr. B. Sarma, learned Addl. P.P. for the State. None appears for the respondent No.2, although the name of learned counsel has been shown in the cause list. 2. By way of this I.A. the suspension of the sentence of 5 years RI with fine of Rs. 5,000/- imposed by the learned trial Court by convicting the applicants/appellant under Section 304 part II IPC has been sought. 3. TCR has been received which has been perused. 4. It appears that the petitioner has already spent more than two years twenty days out of his sentence five years behind bars. 5. It is a settled position of law that when the sentence is for a short period the same is normally to be suspended in the absence of any special reason, pending disposed of the appeal. 6. On perusal of the record and after hearing the submissions of learned counsel for the petitioner and leaned Addl. P.P., I do not find any exceptional reason to refrain from suspending the sentence pending hearing of the appeal. 7. Accordingly, the sentence of five years RI and fine of Rs. 5,000/- imposed by the learned trial Court by its judgment and order dated 15.12.2023 in connection with Sessions Case No. 220/2019 is hereby suspended and the petitioner is allowed to go on bail of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned trial Court. 8. It is further provided that in the event of the connected appeal being dismissed, the applicant/appellant shall surrender before the learned trial Court to serve out the remaining past of his sentences. Page No.# 3/3 9. The I.A. Stands disposed of accordingly. JUDGE Comparing Assistant