Page No.# 1/4 GAHC010090682026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/488/2026 BAHAZUDDIN AHMED S/O LT JALILUDDIN AHMED R/O VILL DAMDAMA PATHAR PO RAMPUR PS MUKALMUA DIST NALBARI ASSAM PIN 781138 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:SRI GAUTAM DAS S/O SRI BIPIN CH DAS R/O VILL KALAYAHATI SUNDARIDIA PO SUNDARIDIA PS BARPETA ASSAM ------------ Advocate for : R AMIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : --18.06.2026 Heard Mr. S. A. B. Khabir, the learned counsel for the petitioner and Ms. S. Parvind, the learned counsel appearing on behalf of Mr. M. U. Ahmed, the learned counsel appearing for respondent no. 2 and Mr. K. Baishya, the learned Additional Public Prosecutor for the State of Assam. 2. By this application the petitioner has prayed for suspension of sentence and subsequent bail in respect of the punishment awarded by the learned Trial Court by Judgment and Order dated 15.11.2025, by which the accused petitioner was convicted under Section 138 of N.I. Act and was sentenced to undergo simple imprisonment for 9 months and to pay a compensation of Rs. 6, 50,000/- (Rupees Six Lakh Fifty Thousands) with default stipulation. The said judgment and order was passed in N.I. Case No. 9/2023. The said judgment was put to challenge before the Appellate Court by the petitioner and the Appellate Court by the Judgment and Order dated 10.03.2026, had upheld the order of the Trial Court against that, the petitioner has come before this court by filing the instant Revision Petition. 3. The learned counsel for the petitioner, submits that the petitioner was awarded with the punishment of simple imprisonment for a period of 9 months and, as such, he submits that the petitioner be allowed to go on bail during the pendency of the instant revision petition. 4. Mr. M. U. Ahmed, the learned counsel for respondent No. 2, however, Page No.# 3/4 submits that the petitioner had not deposited 20% of the compensation amount before the Appellate Court. He further submits that the Appellate Court heard the matter and disposed of the appeal vide judgment and order dated 10.03.2026. He, therefore, prays that 20% of the compensation amount be deposited before this revision petition is entertained by this Court. 5. Under Section 430 of the BNSS, 2023, it is provided that pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded in writing, order that the execution of the sentence or the order appealed against be suspended and, if the petitioner or the appellant is in confinement, be released on bail. 6. By examination of the present case, it is found that both the petitioner and the respondent no. 2 are government servant and that the petitioner had taken the loan from the respondent no. 2 for treatment of his child and it is stated by the learned counsel that some part of the said loan was repaid and some was left and that for security purpose a cheque was issued which had allegedly stated to have been bounced. 7. On examination of the case along with the fact that the petitioner is imposed with a punishment of only 9 months incarceration, this court finds it fit that the sentence be suspended and the petitioner be released on bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand only), with one local surety of the like amount to the satisfaction of the Additional CJM, Barpeta, during the pendency of this Revision. 8. This Interlocutory Application stands disposed of. Page No.# 4/4 JUDGE Comparing Assistant