Gauhati High Court
IA(Crl)/52/2026 of Smti Nandita Baruah Vs The State of AP and Anr on 23 June 2026
GAHC040009462026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(Crl)/52/2026 Smti Nandita Baruah Age: 50 Occupation : Address:Wife of P P Baruah resident of Village AG Nagar K K Path Jail Road PO and PS Jorhat District Jorhat
GAHC040009462026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : IA(Crl)/52/2026
Smti Nandita Baruah
Age: 50
Occupation :
Address:Wife of P P Baruah
resident of Village AG Nagar
K K Path
Jail Road
PO and PS Jorhat
District Jorhat
Assam.
VERSUS
The State of AP and Anr
Age: 0
Occupation :
Address:represented by the Special PP (SIC)
2:Kusheshwar Pandit
Age: 0
Occupation :
Address:Assistant Sudpt of Post Office
West Sub Division
itanagar
791111 and permanent resident of Mauza Sekhopur PS Desari Vaishali District Bihar.
------------
Advocate for : Vijay Jamoh
Advocate for : Ojing Pada appearing for The State of AP and Anr: Advocate ,
appearing for 2, respectively.
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
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ORDER
24.06.2026 Heard Mr. V. Jamoh, learned counsel for the applicant. Also heard Mr. O. Pada, learned Standing Counsel, ACB, appearing for respondent No. 1.
2. This is an application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking for suspension of the sentence imposed upon the applicant/convict by the Judgment dated 07.05.2026 and order of sentence dated 14.05.2026 passed by the learned Special Judge (PCA), Yupia in PCA Case No. 01/2012.
3. The connected criminal appeal, being Crl. Appeal No. 16(AP)/2026, preferred by the applicant against the impugned Judgment dated 07.05.2026 and the Order dated 14.05.2026, whereby the learned Special Judge (PCA), Yupia, convicted the applicant and sentenced him to undergo rigorous imprisonment for 5 (five) years for the offence under Section 409 of the IPC, has already been admitted today, and the records of the case have been called for.
4. Mr. Jamoh, learned counsel for the applicant, submits that the applicant/convict is the sole breadwinner of his family. Considering these aspects, it is prayed that the applicant be released on bail. He further submits that there are sufficient grounds for success in the criminal appeal and, therefore, the sentence may be suspended and the applicant be enlarged on bail till the disposal of the said appeal. He also submits that there is no likelihood of the applicant absconding if the prayer is allowed.
5. Mr. Pada, learned Standing Counsel, ACB, raises no objection to the prayer made on behalf of the applicant/convict.
6. Considering the nature of the conviction, the sentence awarded, the grounds urged in the appeal, the submissions advanced by the learned counsel for the parties, as well as the fact that the appeal is not likely to be taken up for final hearing in the immediate future, this Court finds it appropriate to allow the present interlocutory application.
7. Accordingly, pending disposal of the appeal, the operation of the impugned Judgment dated 07.05.2026 passed by the learned Special Judge (PCA), Yupia, in PCA Case No. 01/2012 whereby the applicant was convicted under Section 409 of the IPC, and the Order dated 14.05.2026, whereby the learned Special Judge (PCA), Yupia, sentenced the applicant/convict to undergo rigorous imprisonment for 5 (five) years for the offence under Section 409 of the IPC, shall remain suspended till the disposal of Crl. Appeal No. 16(AP)/2026.
8. The applicant is accordingly directed to be released on bail upon executing a bail bond of Rs. 50,000/- (Rupees fifty thousand) only, with two sureties of the like amount, to the satisfaction of the learned Special Judge (Prevention of Corruption Act), Yupia, subject to the following conditions:-
i. That the applicant/convict shall appear before this Court as and when directed;
ii. That the applicant/convict shall not leave the territorial jurisdiction of India without the prior permission of this Court; iii. that the applicant/convict shall furnish his current address and mobile number before the Registry and shall keep the same updated.
9. The interlocutory application stands disposed of in the above terms.
JUDGE Comparing Assistant