Page No.# 1/3 GAHC010104222026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Crl.)/555/2026 AC 7254 PANKAJ SAIKIA SON OF LATE BHABEN SAIKIA AGED ABOUT 35 YEARS RESIDENT OF - HATIBAGRA POLICE STATION-PRAGJYOTISHPUR DISTRICT- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:BIMAL CHOUDHURY SON OF LATE GANESH CHOUDHURY RESIDENT OF - HATIBAGRA POLICE STATION- PRAGJYOTISHPUR DISTRICT- KAMRUP (M) ASSAM. ------------ Advocate for : MS. B SARMA (LEGAL AID COUNSEL) Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Linked Case : Case No. : CRL.A(J)/66/2026 AC 7254 PANKAJ SAIKIA SON OF LATE BHABEN SAIKIA, AGED ABOUT 35 YEARS, RESIDENT OF - HATIBAGRA, POLICE STATION-PRAGJYOTISHPUR, DISTRICT- KAMRUP (M), ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:BIMAL CHOUDHURY SON OF LATE GANESH CHOUDHURY RESIDENT OF - HATIBAGRA POLICE STATION- PRAGJYOTISHPUR DISTRICT- KAMRUP (M) ASSA Advocate for the Petitioner : MS. B SARMA (LEGAL AID COUNSEL), Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.05.2026 Heard Ms. B Sarma, the learned Legal Aid Counsel appearing for the applicant. Also heard Mr. P Borthakur, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 430 of the BNSS, 2023 praying for suspension of sentence and for allowing the applicant to go on bail. 3. The applicant was convicted and sentenced vide judgment dated 23.03.2026 passed by the learned Additional Sessions Judge-cum-Special Judge, POCSO, Kamrup (Metro), Guwahati in Sessions (Spl.) Case No.105/2025 to undergo rigorous imprisonment for 3 (three) years under Section 329 (3) of the BNS, 2023. The applicant has already spent one year 26 days in jail custody. 4. I have considered the submissions made by the learned counsel of both sides. I have Page No.# 3/3 also gone through the impugned judgment. 5. It is hereby directed that the sentence imposed upon the applicant Pankaj Saikia by the learned Additional Sessions Judge-cum-Special Judge, POCSO, Kamrup (Metro), Guwahati in Sessions (Spl.) Case No.105/2025 shall remain suspended till the disposal of the connected appeal. 6. Therefore, the applicant Pankaj Saikia shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, POCSO, Kamrup (Metro), Guwahati, Assam. With the aforesaid direction, the IA stands disposed of. JUDGE Comparing Assistant