Page No.# 1/3 GAHC010016492026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/177/2026 KESHAB BARMAN S/O SRI MADAR BARMAN R/O- BONDA COLONY BONDA P.S- PRAGJYOTISHPUR DIST-KAMRUP(M) ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR ALTAF AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --11.03.2026 Page No.# 2/3 Heard Mr. A. Ahmed, the learned counsel for the applicant. Also heard Mr. P. Borthakur, the learned Addl. PP appearing on behalf of State respondent. 2. This is an application u/s 430 BNSS for suspension of sentence and to release the applicant on bail during pendency of the connected appeal. 3. It is submitted by Mr. Ahmed that the petitioner was convicted u/s 109/118(2) BNS vide its judgment & order dated 27.08.2025 passed by learned Additional Sessions Judge No. 1, Kamrup (M), Guwahati in Sessions Case No. 278/2024 and to sentence him to undergo R.I. for 5 years along with a fine of Rs. 1,000/- for offence punishable under Section 109 BNS and R.I. for 3 years along with a fine of Rs. 1,000/- for the offence punishable u/s 118(2) BNS. 4. Mr. Ahmed further submitted that the accused is in jail hajot since 07.09.2024 and till date he is already in custody for 1 year 6 months 5 days and hence considering his period of detention the prayer for releasing him on bail may be considered along with the prayer for suspension of sentence proved against the present petitioner. 5. Mr. Borthakur, the learned Addl. PP submitted in this regard that without the perusal of the TCR he is not in a position to submit on the merit of the case. But, he submits that the period of sentence already undergone by the petitioner may be considered. 6. Hearing the submission made by learned counsel for both sides and other circumstances including the period of imprisonment already undergone by the accused/petitioner for about 1 year 6 months 5 days, I find this Court is of the opinion that the present interlocutory application may be considered releasing the accused/petitioner on bail at this stage by staying/suspending the operation Page No.# 3/3 of sentence dated 27.08.2025 passed in Sessions Case No. 278/2024 as stated above. 7. In view of this, the applicant/appellant, namely, Keshab Barman is hereby released on bail for Rs. 25,000/- (Twenty Five thousand) only in Sessions Case No. 278/2024 with one surety of like amount to the satisfaction of learned Additional Sessions Judge No. 1, Kamrup (M), Guwahati. 8. After obtaining the release order the applicant will furnish the compliance report before this Court. In the same time, the operation of sentence and order dated 27.08.2025 is hereby suspended/stayed, till the disposal of the connected criminal appeal. 9. With the above observations, the I/A stands disposed of. JUDGE Comparing Assistant