Page No.# 1/2 GAHC010064422026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/346/2026 SRI SARAT PHUKAN SON OF LATE UMA PHUKAN RESIDENT OF VILLAGE- AKHAIYA GAON P.S.- MORANHAT DISTRICT- CHARAIDEO ASSAM PIN-785673 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:SMTI MOUSUMI BARUAH W/O- SRI BADHIN BARUAH R/O- VILLAGE- AKHOYA GAON P.S.- MORANHAT DISTRICT- CHARAIDEO ASSAM. ------------ Advocate for : U SWARGIARY Advocate for : PP ASSA appearing for THE STATE OF ASSAM AND ANR. In Crl.A./124/2026 SRI SARAT PHUKAN SON OF LATE UMA PHUKAN, RESIDENT OF VILLAGE- AKHAIYA GAON, P.S.- MORANHAT, DISTRICT- CHARAIDEO, ASSAM, PIN-785673 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Page No.# 2/2 2:SMTI MOUSUMI BARUAH W/O- SRI BADHIN BARUAH R/O- VILLAGE- AKHOYA GAON P.S.- MORANHAT DISTRICT- CHARAIDEO ASSAM Advocate for the Petitioner : U SWARGIARY, MR. R BURAGOHAIN,MR. B PHUKAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 01/04/2026 (Michael Zothankhuma, J) 1. Heard Mr. B. Phukan, Learned Counsel for the applicant/appellant. Also heard Mr. R. R. Kaushik, Learned APP, Assam, appearing for the State. 2. This is an application for suspending the sentence imposed upon the applicant/appellant pursuant to his conviction under section 376 AB IPC, vide the judgement and order dated 13/02/2026 passed by the Court of the learned Special Judge, Charaideo, in Special (POCSO) Case No. 23/2018. 3. In view of the impugned judgement and order being set aside and the matter being remanded to the learned Trial Court, there is no sentence to be suspended in this case. The question of whether the applicant/appellant should be granted bail may be agitated before the learned Trial Court. 4. IA is accordingly closed in terms of the order passed in the main case. JUDGE JUDGE Comparing Assistant