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2026 DAILYLAW 2675 (GAU)

GAUTOM NATH @ GUDULA NATH v. THE STATE OF ASSAM AND ANR

I.A.(Crl.)/138/2026 · 2026-03-22

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010271322024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/138/2026 GAUTOM NATH @ GUDULA NATH S/O SRI PRAHLAD NATH R/O VILLAGE MAJARKHAT ATHIYABARI P.S MUSHALPUR DIST BAKSA ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:SMTI CHANDANA NATH W/O MANAHARI NATH R/O VILLAGE MAJARKHAT ATHIYABARI P.S MUSHALPUR DIST BAKSA ASSAM ------------ Advocate for : MR. Y S MANNAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR in Crl.A./56/2026 GAUTOM NATH @ GUDULA NATH S/O SRI PRAHLAD NATH R/O VILLAGE MAJARKHAT, ATHIYABARI, P.S MUSHALPUR DIST BAKSA, ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:SMTI CHANDANA NATH W/O MANAHARI NATH R/O VILLAGE MAJARKHAT ATHIYABARI P.S MUSHALPUR DIST BAKSA ASSA Advocate for the Petitioner : MR. Y S MANNAN, MR. S MUNIR,MR. C K NATH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 23/03/2026 Heard Mr. Y.S. Mannan, learned counsel for the applicant. Also heard Mr. Bankim Sharma, learned APP, appearing for the State. This is an application under section 430 of the BNSS, 2023 for suspension of sentence pending appeal and for allowing the petitioner to go on bail. The petitioner was convicted by the judgement and order dated 01/04/2021 passed by the Court of learned Additional Sessions Judge, Bajali, in Special (PCOSO) Case No. 01/2019 and sentenced to undergo rigorous imprisonment for 3 (three) years and to pay fine of Rs. 8000/-, in default, rigorous imprisonment for three months under section 8 of the POCSO Act. Having regard to the quantum of sentence imposed as well as the settled law Page No.# 3/3 on this point and also having regard to the fact that the petitioner has already spent 1 year & 9 months behind the bars, the reminder of the sentence is suspended and the applicant Gautom Nath @ Gudula Nath is allowed to go on bail on furnishing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned Trial Court. The IA is accordingly stands disposed of. JUDGE Comparing Assistant