Page No.# 1/3 GAHC010006342026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/106/2026 THANU CHANGMAI S/O LATE MANIK CHANGMAI, R/O VILL.- DORIKAPAR NOWJAN GAON, P.O.- SIVASAGAR, P.S.- SIVASAGAR, DIST.- SIVASAGAR, ASSAM, PIN-785640 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MANASH PROTIM BORAH S/O SRI GOKUL BORAH R/O VILL- GAYAN GAON K.P.M. CHARIALI A.T. ROAD P.O. AND P.S.- SIVASAGAR DIST- SIVASAGAR ASSAM PIN-78564 Advocate for the Petitioner : MR S BORTHAKUR, MR. U K DEKA,P KHATANIAR Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./41/2026 THANU CHANGMAI S/O LATE MANIK CHANGMAI R/O VILL.- DORIKAPAR NOWJAN GAON P.O.- SIVASAGAR P.S.- SIVASAGAR DIST.- SIVASAGAR ASSAM PIN-785640 Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:MANASH PROTIM BORAH S/O SRI GOKUL BORAH R/O VILL- GAYAN GAON K.P.M. CHARIALI A.T. ROAD P.O. AND P.S.- SIVASAGAR DIST- SIVASAGAR ASSAM PIN-785640 ------------ Advocate for : MR S BORTHAKUR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 16.02.2026 (Pranjal Das, J) Heard Shri S. Borthakur, learned counsel for the applicant. Also heard Shri R.R. Kaushik, learned Addl. Public Prosecutor, Assam. The instant application has been filed seeking suspension of sentence passed by the learned Addl. Sessions Judge, FTC Sivasagar in Sessions Case No. 41 (S-S) 2020 whereby the appellant herein was convicted under Section 354 (A) 1 (i) of the IPC and sentenced to undergo rigorous imprisonment for 2 years and pay a fine of Rs.3,000/- (Rupees Three Thousand) in default of payment of fine to undergo simple imprisonment for 3 months. Page No.# 3/3 The appeal has already been admitted and the present I.A. has been filed on suspension of sentence and bail. The learned counsel has placed before the Court today an order dated 12.01.2026 passed by the learned Addl. Sessions Judge, Sivasagar allowing the convict appellant to remain on previous bail till the next date. Considering the nature of sentence and the fact that the convict appellant is presently on bail, in exercise of powers under Section 430 of the BNSS, it is directed that execution of the order of sentence dated 12.12.2025 passed by the learned Addl. Sessions Judge, FTC, Sivasagar in Sessions Case No. 41 (S-S) 2020 shall remain suspended till the disposal of this appeal. It is further directed that till the disposal of the appeal the applicant - appellant is hereby allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of the like amount to the satisfaction of the learned Trial Court. Further the following conditions are imposed; (i) The applicant shall submit fresh bail bonds and he shall be available to receive the appellate judgement and; (ii) he shall not cause any harassment or harm to any of the witnesses who might have adduced evidence during the trial. It is clarified that in the event the conditions are violated, the bail granted is liable to be cancelled. In view of the above, interlocutory application stands allowed and disposed of. JUDGE JUDGE Comparing Assistant