Page No.# 1/4 GAHC010031892026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/170/2026 JITEN GOGOI S/O LATE RUDRESWAR GOGOI RESIDENT OF VILLAGE JYOTIPUR, PO AND PS BOKAKHAT, DIST GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:SRI DHARANIDHAR BORO S/O LATE GUNARAM BORO DEPUTY RANGER EASTERN RANGE AGORATOLI KAZIRANGA NATIONAL PARK DIST GOLAGHAT ASSA Advocate for the Petitioner : MR A BORUAH, Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./65/2022 JITEN GOGOI AND 4 ORS. S/O LATE RUDRESWAR GOGOI RESIDENT OF VILLAGE JYOTIPUR PO AND PS BOKAKHAT DIST GOLAGHAT ASSAM 2: SRI TARUN BORA S/O SRI KONPAI BORA Page No.# 2/4 RESIDENT OF KAKOJAN DULIA GAON PS TEOK DIST JORHAT ASSAM 3: SRI BABU GOGOI S/O SRI PRAFULLA GOGOI RESIDENT OF MOHPARA DA GAON PS BOKAKHAT DIST GOLAGHAT ASSAM 4: SRI DAMBARUDHAR GOGOI S/O LATE PHUKANRAM GOGOI RESIDENT OF KAZIRANGA TOURIST COMPLEX PS KOHORA DIST GOLAGHAT ASSAM 5: SRI KUSHAL DUWARI S/O LATE AKONI DUWARI RESIDENT OF SIBSAGAR PIALI NAGAR PS AND DIST SIBSAGAR ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM 2:SRI DHARANIDHAR BORO S/O LATE GUNARAM BORO DEPUTY RANGER EASTERN RANGE AGORATOLI KAZIRANGA NATIONAL PARK DIST GOLAGHAT ASSAM ------------ Advocate for : MR. T J MAHANTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.03.2026 Heard Mr. P Kataki, the learned counsel appearing for the applicant. Also heard Mr. Bhaskar Sarma, the learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed by the petitioner Jiten Gogoi under Section 430 of the BNSS, 2023 praying for suspension of sentence as well as the conviction in respect of Sessions Case No.130/2009 passed by the learned Additional Sessions Judge, Golaghat. 3. Mr. Kataki has relied upon the decision of the Hon’ble Supreme Court that was delivered in Afjal Ansari Vs. State of Uttar Pradesh reported in (2024) 2 SCC 187. In Paragraph 108 of the said judgment, the Hon’ble Supreme Court held as follows : - “15. It becomes manifestly evident from the plain language of the provision, that the Appellate Court is unambiguously vested with the power to suspend implementation of the sentence or the order of conviction under appeal and grant bail to the incarcerated convict, for which it is imperative to assign the reasons in writing. This Court has undertaken a comprehensive examination of this issue on multiple occasions, laying down the broad parameters to be appraised for the suspension of a conviction under Section 389 (1) of the CrPC. There is no gainsaying that in order to suspend the conviction of an individual, the primary factors that are to be looked into, would be the peculiar facts and circumstances of that specific case, where the failure to stay such a conviction would lead to injustice or irreversible consequences. The very notion of irreversible consequences is centred on factors, including the individual’s criminal antecedents, the gravity of the offence, and its wider social impact, while simultaneously considering the facts and circumstances of the case.” 4. The petitioner was found fishing inside the Kaziranga National Park. 5. Considering the peculiar facts and circumstances of the case and also considering the fact that in absence of stay of conviction might lead to injustice or irreversible consequences, this Court is of the opinion that the sentence imposed upon the petitioner vide judgment and order dated 03.05.2022 in Sessions Case No. 130/2009 by the learned Additional Sessions Judge, Golaghat shall remain stayed till disposal of the connected appeal. Page No.# 4/4 With the aforesaid direction, this IA stands disposed of accordingly. JUDGE Comparing Assistant