Page No.# 1/3 GAHC010025682023 2026:GAU-AS:6747 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/77/2023 GANESH PATHAK S/O LATE GANDHI PATHAK, VILL.- BHURKUCHI, P.S.- TIHU, DIST.- NALBARI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE P.P., ASSAM. 2:BICHITRA KALITA S/O LATE MOHAN KALITA R/O I/C NORTH KUCHI P.P. P.S.- TIHU DIST.- NALBARI AND ALSO A RESIDENT OF VILL.- SONKANI P.O.- BORBARI P.S.- NALBARI DIST.- NALBARI ASSAM Advocate for the Petitioner : MR. B PHUKAN, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 15-05-2026 Heard learned counsel Mr. B. Phukan for the applicant Shri Ganesh Pathak, who has applied for suspension of the operation of the order of conviction and sentence passed by the learned Special Judge, Nalbari in connection with NDPS Case No. 28/2019 wherein vide judgment and order dated 10.03.2022, the applicant was convicted under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short) and sentenced to undergo rigorous imprisonment for 8 (Eight) years and to pay a fine of Rs.70,000/- (Rupees Seventy Thousand). 2. It is submitted by the learned counsel for the applicant that the applicant has undergone 4 (Four) years 2 (Two) months of the aforementioned sentence and prior to the order of cognizance and sentence, he was in custody for more than 2 (Two) years and 6 (Six) months during investigation and trial. Thus, he has undergone a period of imprisonment for around 7 (Seven) years. 3. The petitioner was convicted to undergo rigorous imprisonment for 8 (Eight) years under the aforementioned section of law and he was directed to pay a fine of Rs.70,000/- (Rupees Seventy Thousand) with default stipulation. 4. The connected appeal has been pending since 2023 and it appears that the final hearing of the appeal may take time. 5. Heard learned Additional Public Prosecutor Mr. K.K. Parashar for the respondent State, who has raised objection, stating that the appeal may be Page No.# 3/3 heard and this case may be finally disposed of. 6. I have considered the submissions at the bar with circumspection. The applicant has served more than half of his sentence. He was sentenced to undergo rigorous imprisonment for 8 (Eight) years under Section 20(b)(ii)(B) of the NDPS Act and to pay a fine of Rs.70,000/- (Rupees Seventy Thousand). He has undergone around 7 (Seven) years out of 8 (Eight) years of imprisonment. Thereby, for the interest of justice and considering the pendency of the connected appeal Crl.A.33/2023, I deem it appropriate to grant bail to the applicant. 7. The applicant Ganesh Pathak is granted bail on furnishing a bail bond of Rs.1,00,000/- (Rupees One Lac) to the satisfaction of learned Trial Court and the operation of the judgment and order of conviction and sentence dated 08.03.2022 and order dated 10.03.2022 passed by the learned Special Judge, Nalbari in connection with NDPS Case No. 28/2019, is stayed until further orders. 8. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant