Page No.# 1/4 GAHC010006242026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/44/2026 in Crl.Rev.P. 19/2026 SRI DINABANDHU PASHI ALIAS DINANATH PASHI ALIAS DINABANDA PASHI AND 6 ORS SON OF LATE RATAN PASHI RESIDENT OF VILL-CHOTOMAMDA NATUN BOSTI 2: SRI DEONARAYAN PASHI SONS OF LATE SURIYA PASHI RESIDENT OF VILL-CHOTOMAMDA NATUN BOSTI 3: SRI HARINARAYAN PASHI SONS OF LATE SURIYA PASHI RESIDENT OF VILL-CHOTOMAMDA NATUN BOSTI 4: SRI KRISHNA PASHI ALIAS KISHUN PASHI S/O- LT RAM DAS RESIDENT OF VILL-CHOTOMAMDA NATUN BOSTI 5: SRI PRADIP PASHI SON OF LATE RAMDAS PASHI RESIDENT OF VILL-CHOTOMAMDA NATUN BOSTI 6: SRI KHUSHIRAM PASHI SON OF LATE MOHAN LAL PASHI RESIDENT OF VILL- BOROMAMDA P.S-LAKHIPUR DIST- CACHAR ASSAM Page No.# 2/4 7: SRI BISWANATH PASHI SON OF LATE SHIRAMAL PASHI BOTH ARE RESIDENT OF VILL- BOROMAMDA P.S-LAKHIPUR DIST- CACHAR ASSAM VERSUS STATE OF ASSAM AND ANR REPRESENTED BY PP 2:SMT MOINA PASH I WIFE OF BUDHUA PASHI OF VILL-CHOTOMAMDA NATUN BOSTI P.S-LAKHIPUR DIST-CACHAR ASSAM ------------ Advocate for : MR. I A TALUKDAR Advocate for : PP ASSAM appearing for STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 29.01.2026 Heard Mr. I.A. Talukdar, learned counsel for the applicants-revision petitioners and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite party-respondent no. 1 State of Assam. 2. The present application is preferred seeking suspension of the execution of sentence passed against the applicant-revision petitioners and for their release on bail. 3. The applicants as the revision petitioners have preferred the accompanying criminal revision petition, Crl.Rev.P. 19/2026 against a Judgment and Order dated 28.11.2025 passed by the Court of learned Additional Sessions Judge no. 3, Cachar, Silchar [‘the Appellate Court’, for short] in Criminal Appeal no. 64/2023. By the Judgment and Order dated 28.11.2025, the Page No.# 3/4 Appellate Court has affirmed the Judgment and Order dated 02.09.2023 passed by the Court of learned Sub-Divisional Judicial Magistrate [M], Lakhipur [‘the Trial Court’, for short] in G.R. Case no. 956/2013. By the Judgment and Order dated 02.09.2023, the Trial Court had convicted the applicants-revision petitioners for the offences under Sections 147/448/325/149, Indian Penal Code [IPC]. For the offence under Sections 325/149, IPC the applicants-revision petitioners are sentenced to undergo imprisonment for two years and to pay a fine of Rs. 9,000/- each, with default stipulation. For the other offences, lesser sentences have been passed. The sentences are ordered to run concurrently. 4. The accompanying criminal revision petition has already been admitted for hearing and the TCRs has been called for. 5. The learned counsel appearing for the applicants-revision petitioners has submitted that there were inconsistencies in the testimony of the prosecution witnesses and the Trial Court ought to have acquitted the applicants-revision petitioners on benefit of doubt. 6. It has been held in Bhagwan Rama Shinde Gosai vs. State of Gujarat, [1999] 4 SCC 421, to the effect that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate court liberally unless there are exceptional circumstances. It has been further observed that it would be a different matter if there is any statutory restriction against suspension of sentence. Similarly, when the sentence is life imprisonment, the consideration for suspension of sentence is to be approached in a different manner. 7. In exercise of the Power of Revision under Section 442, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023, this court can, in its discretion, also exercise any of the powers conferred on a Court of appeal by Section 430, BNSS. 8. Having regard to the fact and circumstances obtaining in the case, this Court is of the considered view that the applicants-revision petitioners have made out a prima facie case for interim relief. Accordingly, it is ordered that till disposal of the accompanying criminal revision petition, Crl.Rev.P. 19/2026, the execution of the sentence passed against the applicants-revision Page No.# 4/4 petitioners shall remain suspended and the applicants-revision petitioners are allowed to be released on fresh bail on furnishing a bail bond of Rs. 10,000/- each with one surety each of like amount to the satisfaction of the Trial Court. 9. This order disposes of the application. JUDGE Comparing Assistant