Page No.# 1/3 GAHC010081632026 2026:GAU-AS:6581 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/434/2026 PRANJIT ROY S/O SUKUMAR ROY VILL- BHAKUAMARI P.O. ANANDA BAZAR P.S. SALBARI DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MAHANTA SWARGIARY S/O LATE SABHARAM SWARGIARY VILL- KHAGRABARI P.O. KALPANI BAZAR P.S. GOBARDHANA DIST. BAKSA ASSAM PIN-781315 Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 13.05.2026 Heard Mr. R. Ali, learned counsel for the applicant. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 2. This is an application filed under Section 430 of the BNSS for suspending/staying operation of the judgment and order dated 26.03.2026, passed by the learned Sessions Judge, Baksa, Mushalpur in Criminal Appeal No. 19/2025 and the judgment and order dated 31.05.2025, passed by the learned Chief Judicial Magistrate, Baksa, Mushalpur in PRC Case No. 181/2024 and to allow the accused-applicant to go on fresh bail. 3. It is submitted by Mr. Ali, learned counsel for the applicant that vide impugned judgment and order dated 26.03.2026, the learned Sessions Judge, Baksa, Mushalpur has dismissed the appeal and upheld the judgment and order dated 31.05.2025, passed by the learned Chief Judicial Magistrate, Baksa, Mushalpur in PRC Case No. 181/2024, whereby the accused-applicant was convicted under Sections 279/304-A/427 of the IPC and sentenced him to undergo simple imprisonment for six months under Section 279 IPC, simple imprisonment for two years under Section 304A IPC and simple imprisonment for ten days under Section 427 IPC. He has also submitted that after dismissal of the appeal, the record was returned back to the Court of learned Chief Judicial Magistrate, Baksa, Mushalpur and vide order dated 27.03.2026, the accused-applicant was directed to surrender before the Court on or before 27.04.2026. But subsequently, the connected revision petition was filed on 27.04.2026 and considering his non-appearance, the learned trial Court had issued warrant of arrest against him. He has further submitted that during the trial, the accused-applicant was in bail and he did not jump over any condition of the bail and as such, he has prayed for allowing the accused-applicant to go on fresh bail by suspending/staying the impugned judgments and orders as referred above. 4. Mr. Goswami, learned Additional Public Prosecutor for the State respondent Page No.# 3/3 has submitted that the accused-applicant did not surrender before the learned trial Court in spite of the direction, for which arrest of warrant had to be issued by the Court. Mr. Goswami has also submitted that as the warrant has already been issued by the learned trial Court, the order cannot be entertained unless the warrant issued against him is recalled. 5. Considering the submissions of learned counsel of both sides and other circumstances, this Court is inclined to allow this application. Accordingly, the impugned judgment and order dated 26.03.2026, passed by the learned Sessions Judge, Baksa, Mushalpur in Criminal Appeal No. 19/2025 and the impugned judgment and order dated 31.05.2025, passed by the learned Chief Judicial Magistrate, Baksa, Mushalpur are hereby stayed/suspended. 6. The accused-applicant is hereby allowed to go on fresh bail on furnishing a bail bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Baksa, Mushalpur. The warrant of arrest issued against the accused-applicant is hereby recalled. 7. Further, the applicant is hereby directed to submit the order of compliance before this Court in connection with Crl.Rev.P./225/2026. 8. With the above observation, this I.A. stands disposed of. JUDGE Comparing Assistant