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Saitul Islam v. the State of Assam and Anr.

Gauhati HC5 Aug 2025I.A.(Crl.)/659/2025

Case brief

AI extract

What is this about?

Section 430 BNSS 2023 suspension of execution of sentence; bail pending criminal appeal; Gauhati High Court; Manish Choudhury, J.; I.A.(Crl.)/659/2025; Criminal Appeal no. 223/2025; Sessions [Spl] Case no. 192/2023; Special Judge POCSO Kamrup [Metro]; conviction under Section 366 IPC; acquittal under Section 4 POCSO Act; victim PW-1 voluntarily accompanied accused; I.O. PW-3 elopement testimony; bail bond Rs. 10,000/- with one surety; fine Rs. 10,000/-; rigorous imprisonment 4 years.

What did the court decide?

Suspension of execution of the sentence pending disposal of Criminal Appeal no. 223/2025; release of the applicant-appellant on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the learned Trial Court. ¶7

Saitul Islam Vs the State of Assam and Anr. — Child Sexual Offences (POCSO) | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the execution of the sentence passed against the applicant-appellant (convicted under Section 366, IPC) should be suspended pending disposal of Criminal Appeal no. 223/2025, and whether he should be released on bail.

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Court's answer

The applicant-appellant has made out a prima facie case for suspension of execution of the sentence passed against him.

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Ratio / Principle

Pending disposal of the appeal, execution of the sentence passed against the applicant-appellant shall remain suspended, and he shall be released on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the learned Trial Court.

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Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Manish Choudhury), I.A.(Crl.)/659/2025, order dated 06.08.2025: Application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the appellant (convicted under Section 366, IPC and sentenced to rigorous imprisonment for 4 years and fine of Rs. 10,000/-, while acquitted under Section 4, POCSO Act, by the Additional Sessions Judge-cum-Special Judge, POCSO, Kamrup [Metro], Guwahati in Sessions [Spl] Case no. 192/2023, Judgment dated 28.05.2025 and Order on Sentence dated 03.06.2025) seeking suspension of execution of sentence and release on bail pending disposal of Criminal Appeal no. 223/2025 (admitted 24.06.2025). Taking note of the victim (PW-1) disclosing in cross-examination that she voluntarily went with the applicant-appellant, and the I.O. (PW-3) stating that she had eloped with him earlier, the Court held that a prima facie case was made out; execution of the sentence was suspended pending disposal of the appeal and the applicant-appellant was allowed bail on a bond of Rs. 10,000/- with one surety of the like amount.

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GAHC010131852025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Crl.)/659/2025

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SAITUL ISLAM S/O. JOYNAL ISLAM R/O. SUTRADAL P/S JAGIROAD DIST. MORIGAON ASSAM.

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VERSUS

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THE STATE OF ASSAM AND ANR. REP. BY THE PP ASSAM. 2:ABDUL KHALEK SHEIKH S/O. LT. SUKUR MAMUD R/O. VILL.- KAHIKUCHI (TOPATOLI) P/S. KHETRI DIST. KAMRUP (M0 ASSAM PIN-782403. -----------Advocate for : MS M MEDHI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

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BEFORE

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HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : --06.08.2025

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Heard Mr. R. Hussain, learned counsel for the applicant-appellant; Mr. R.R. Kaushik, learned Additional Public Prosecutor for the opposite party-respondent no. 1, State of Assam; and Mr. H. Das, learned counsel for the opposite party-respondent no. 2.

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This instant application under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred seeking suspension of execution of the sentence passed against the applicant-appellant and for his release on bail.

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The applicant as the appellant has preferred the accompanying criminal appeal, Criminal Appeal no. 223/2025 and the criminal appeal has already been admitted for hearing on 24.06.2025.

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The applicant-appellant has preferred the criminal appeal against Judgment dated 28.05.2025 and an Order on Sentence dated 03.06.2025 passed by the Court of learned Additional Sessions Judge – cum – Special Judge, POCSO, Kamrup [Metro] at Guwahati [‘the Special Court’, for short] in Sessions [Spl] Case no. 192/2023. In the course of the trial, the Special Court framed charges against the applicant-appellant under Section 366 of the Indian Penal Code [IPC] and Section 4 of the Protection of Children from Sexual Offences [POCSO] Act, 2012. While delivering the impugned Judgment and Order on Sentence, the applicantappellant has been convicted for the offence under Section 366, IPC and he has been sentenced to undergo rigorous imprisonment for 4 [four] years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo simple imprisonment for another six months. The Special Court had acquitted the applicant-appellant from the charge under Section 4, POCSO Act.

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It has been highlighted that the victim while deposing as PW-1, during crossexamination, disclosed that she voluntarily went with the applicant-appellant. The I.O. in his testimony given as PW-3 stated that the victim also eloped with the applicant-appellant

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earlier.

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Having regard to the projections so made, this Court is of the considered view that the applicant-appellant has made out a prima facie case for suspension of execution of the sentence passed against him.

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It is accordingly ordered that pending disposal of the appeal, the execution of the sentence passed against the applicant-appellant shall remain suspended and the applicantappellant shall be allowed to go on bail on furnishing a bail bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the learned Trial Court.

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JUDGE

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Comparing Assistant

Saitul Islam v. the State of Assam and Anr.

Case brief

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Saitul Islam v. the State of Assam and Anr.

Case brief

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