Gauhati High Court
I.A.(Crl.)/606/2026 of ANIL KALITA Vs THE STATE OF ASSAM AND ANR on 9 September 2026
GAHC010119282026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/606/2026 ANIL KALITA S/O LATE BHABIN KALITA, R/O VILL. AZARA, P.S. KAMALPUR, DIST. KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PP, ASSAM.
GAHC010119282026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/606/2026
ANIL KALITA
S/O LATE BHABIN KALITA, R/O VILL. AZARA, P.S. KAMALPUR, DIST.
KAMRUP, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
TO BE REPRESENTED BY THE PP, ASSAM.
2:SMTI PUTUL DAS
W/O LATE GHANASHYAM DAS
R/O VILL. AZARA
P.S. KAMALPUR
DIST. KAMRUP
ASSAM
Advocate for the Petitioner : MR. A AHMED, MR. M A CHOUDHURY,MISS. P M AHMED,U U
KHAN,MR A AHMED
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 10.09.2026 Heard Mr. A. Ahmed, learned counsel for the applicant and Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam for the State respondent. Also heard Mr. A. Phukan, learned Amicus Curiae for the respondent No. 2. This is an application under Section 430 of the BNSS, 2023 seeking suspension of sentence of 4 years R.I. imposed by the impugned judgment and order dated 29.01.2026, passed by the learned Special Judge, Rangia, in Special (P) Case No. 1/2019 whereby the accused was convicted for the offence under Section 8 of the POCSO Act. The petitioner initially spent 90 days behind the bars at the stage of investigation and after pronouncement of the impugned sentence, he has been in custody for 136 days from the date of impugned judgment and order dated 29.01.2026 till date. Therefore, the petitioner has spent more than a year behind the bars. It is settled law that when the sentence is for a short fixed period the sentence is to be suspended unless there are exceptional reasons warranting the detention of the petitioner pending disposal of the appeal. It is submitted by the learned Addl. P.P. that PW 1 has implicated the accused and is supported by the other witnesses and he opposed for granting bail to the accused person. Having regard to the above, the remaining sentence stands suspended and it is directed that the petitioner be released on bail on furnishing a bail bond of 50,000/- with 2 (two) sureties of the like amount to the satisfaction of the learned trial Court, subject to the conditions that the petitioner shall participate in the trial of the case as and when one commences and shall not try to influence or intimidate any persons or witnesses acquainted with the facts of the case, in any manner. The I.A. stands disposed of.
JUDGE Comparing Assistant