Page No.# 1/3 GAHC010241082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/1176/2025 GIYAS ALI S/O-LT. SAMED ALI VILLAGE-NO. 1 GARUAJHAR P.O.- GARUAJHAR P.S.-PANERI DISTRICT-UDALGURI ASSAM PIN-784523 2: ZAKIR ALI S/O-MD. SADEK ALI VILLAGE-NO. 2 GARUAJAHAR P.O.- GARUAJAHAR P.S.-PANERI DISTRICT- UDALGURI ASSAM PIN-784523 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM. 2:NAYAN MANI PATOWARY S.I. OF POLICE AT UDALGURI P.S. INFORMANT OF THE CASE. S/O-SRI PABITRA PATOWARY R/O-UJANPARA P.O. P.S.- BOKO DISTRICT- KAMRUP R ASSAM PIN-781123. ------------ Advocate for : B CHOWHAN Advocate for : PP Page No.# 2/3 ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 06.01.2026 Heard Mr. P. Mazumder, learned counsel for the applicants/ appellants and Mr. R.J.Baruah, learned Additional Public Prosecutor for the State. 2. This is an application under Section 430 of the BNSS, praying for suspension of sentence against the impugned judgment, and order dated 13.10.2025 passed by the learned Sessions Judge, Udalguri, Assam, in Sessions (ii) Case No. 62/2023, wherein the appellants were convicted under Sections 411/34 of IPC and sentenced to undergo rigorous imprisonment for 3 years. 3. It is submitted that after the conviction and sentence, they have prayed for bail in terms of Section 430 of the BNSS. The same was rejected by the learned Trial Court and presently they are in custody. The provisions of Section 430 sub-Section (3) of the BNSS may be reproduced herein below: “(3)Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,- (i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years; or (i) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain orders of the Appellate Court under Sub-Section (1); and the Page No.# 3/3 sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.” 5. Considering the nature of the sentence and the fact that there may not be any immediate possibility of disposal of the connected criminal appeal, I deem it fit to suspend the sentence and grant bail to the applicants. 6. In such view of the matter, the execution of the order of sentence dated 16.10.2025, passed by learned Sessions Judge, Udalguri in Sessions Case No. (II) 62/2023 shall remain suspended till disposal of the connected criminal appeal. 7. The applicants/ appellants namely, 1. Md. Giyas Ali and 2. Zakir Ali are allowed to go on bail of Rs. 50,000/- each with a surety each of like amount to the satisfaction of the learned trial court subject to the following conditions: 1. They shall not abscond, 2. They shall be available to receive the appellate judgment, 3.They shall not cause harm to the witnesses who might have deposed during the trial. 8. Violation of the above conditions might entail cancellation of the bail. 9. With the aforesaid observations, the interlocutory application stands disposed of. JUDGE Comparing Assistant