Disposed

Syed Abdus Sattar v. the State of Assam and Anr.

Gauhati HC6 Nov 2025I.A.(Crl.)/822/2025

Case brief

AI extract

What is this about?

Applicant convicted under Section 354-A IPC and Section 10 POCSO Act sought suspension of his fixed five-year sentence pending criminal appeal. Applying Supreme Court precedent on suspension of sentence in appeals, the High Court found no exceptional reason to deny suspension and released him on bail with conditions.

What the court decided

AI extract

Syed Abdus Sattar Vs the State of Assam and Anr. — Child Sexual Offences (POCSO) | Gauhati HC (2025)

Page No.# 1/5

GAHC010169212025

2025:GAU-AS:15204

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

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Case No. : I.A.(Crl.)/822/2025

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SYED ABDUS SATTAR

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S/O. LT. ABDUL GAFFAR, R/O. NAMTI CHARIALI, KHARIKATIA ALI, P/S. NAMTI, DIST. SIVASAGER, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND ANR. REP BY THE PP ASSAM

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2:JYOTIRMOYEE BARUAH CHALIHA W/O. LT. HEMANTA CHALIHA R/O. NAMTI CHARIALI KAKOTI GAON P/S. NAMTI DIST. SIVASAGAR ASSAM

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Advocate for the Petitioner : MD A RAHMAN, A W AMAN,MR SARFRAZ NAWAZ,MR. SURAJIT DAS,SAMIM RAHMAN

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Advocate for the Respondent : PP, ASSAM, MS. R CHOUDHURY, AMICUS CURIAE (R2)

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Linked Case : Crl.A./294/2025

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SYED ABDUS SATTAR S/O. LT. ABDUL GAFFAR R/O. NAMTI CHARIALI KHARIKATIA ALI

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Page No.# 2/5

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P/S. NAMTI DIST. SIVASAGER ASSAM.

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VERSUS

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THE STATE OF ASSAM AND ANR. REP. BY THE PP ASSAM

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2:JYOTIRMOYEE BARUAH CHALIHA W/O. LT. HEMANTA CHALIHA R/O. NAMTI CHARIALI KAKOTI GAON P/S. NAMTI DIST. SIVASAGAR ASSAM.

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-----------Advocate for : MD A RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

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BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 07-11-2025

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This I.A. has been preferred seeking suspension of the sentence imposed by the learned Trial Court vide Judgment & Order dated 05.07.2025 in Special (POCSO) Case No.66/2023, convicting the applicant under Section 354-A of the IPC, read with Section 10 of the POCSO Act and sentencing him to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for 6 months.

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Mr. S. Nawaz, learned counsel for the applicant submits that there are glaring errors of law as well as on facts committed by the learned Trial Court

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Page No.# 3/5

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while convicting and sentencing the accused/applicant as aforesaid.

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It is submitted that the prosecution witness Nos.1, 2 & 5, who were costudents of the accused, had deposed that the tuitions always took place in groups and therefore, the allegations of sexual assault are not at all believable, but the said aspect of the matter was not considered by the learned Trial Court and therefore, there is every chance of success in the appeal.

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On the other hand, the learned Addl. Public Prosecutor has submitted that the prosecution has been able to prove the guilt of the accused beyond all reasonable doubt.

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The learned counsel for the petitioner has relied upon the decision of the Hon’ble Supreme Court in Kiran Kumar Vs. State of M.P., reported in (2001) 9 SCC 211, wherein it has been held that the normal rule is that when the appeal of a person convicted and sentenced is pending, the sentence passed on him should be suspended unless any exceptional reason existing therein requires the denial of the same.

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Reference was made to Bhagwan Rama Shinde Gosai Vs. State of Gujarat, reported in (1999) 4 SCC 421, wherein the Hon’ble Supreme Court held that when a person is sentenced to a short-term imprisonment, the normal rule is that pending disposal of the appeal, the sentence should be suspended and rejection is only by way of exception.

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In Supreme Court Legal Aid Committee representing Undertrial Prisoners Vs. Union of India & Ors, reported in (1994) 6 SCC 731, it was held as follows:

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Page No.# 4/5

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“15. We, therefore, direct as under:

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(i) Where the undertrial is accused of an offence(s) under the Act prescribing a punishment of imprisonment of five years or less and fine, such an undertrial shall be released on bail if he has been in jail for a period which is not less than half the punishment provided for the offence with which he is charged and where he is charged with more than one offence, the offence providing the highest punishment. If the offence with which he is charged prescribes the maximum fine, the bail amount shall be 50% of the said amount with two sureties for like amount. If the maximum fine is not prescribed bail shall be to the satisfaction of the Special Judge concerned with two sureties for like amount.

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ii) Where the undertrial accused is charged with an offence(s) under the Act providing for punishment exceeding five years and fine, such an undertrial shall be released on bail on the term set out in (i) above provided that his bail amount shall in no case be less than Rs 50,000 with two sureties for like amount.”

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In Narcotic Control Bureau Vs. Lakhwinder Singh, 2025 INSC 190, the Hon’ble Supreme Court held that the above Judgment does not take away the power of the Court to grant regular bail even if the period undergone by a prisoner is less than what is provided in the said judgment. It was further held that in the case of fixed-term sentences, if the courts start adopting a rigid approach, in a large number of cases, till the appeal reaches the stage of the final hearing, the accused would undergo the entire sentence. This will be a violation of the rights of the accused under Article 21 of the Constitution. Moreover, it will defeat the right of appeal.

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In the instant case, I have perused the material on record. The applicant

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Page No.# 5/5

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has been in jail since his conviction vide Judgment dated 05.07.2025 and the sentence is for a fixed period of 5 years.

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Keeping in view the same and considered in the light of the decision of the Hon’ble Supreme Court in Kiran Kumar (Supra), I do not find any exceptional reason requiring denial of suspension of sentence, even though the applicant has not spent an unduly long period behind bars. Hence, I am of the considered opinion that this is a fit case where the execution of the remaining part of the sentence imposed by the impugned Judgment may be suspended. It is accordingly so ordered.

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Further, during the pendency of the connected criminal appeal, the petitioner is allowed to go on bail of Rs. 50,000/- with one surety of like amount subject to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge, (POCSO), Sivasagar in Special(POCSO) Case No. 66/2023 with a condition that, in the event of dismissal of the connected Criminal Appeal No.294/2025, the petitioner shall surrender before the Trial Court to serve out the remaining part of his sentence imposed by the impugned judgment or as may be directed by the Appellate Court.

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The Interlocutory Application is accordingly disposed of.

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JUDGE

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Comparing Assistant

Syed Abdus Sattar v. the State of Assam and Anr.

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Syed Abdus Sattar v. the State of Assam and Anr.

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