Keshab Barman Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Keshab Barman Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the applicant on bail for Rs. 25,000/- with one surety of like amount in Sessions Case No. 278/2024, and suspension/stay of the operation of the sentence and order dated 27.08.2025 till disposal of the connected criminal appeal, subject to furnishing a compliance report.

Issue for consideration

Whether the applicant, convicted and sentenced in Sessions Case No. 278/2024, should be released on bail during pendency of the connected appeal by suspension of sentence under S. 430 BNSS.

Court's answer

Hearing both sides and considering, among other circumstances, the period of imprisonment already undergone by the accused/petitioner (about 1 year 6 months 5 days), the Court opined that the present interlocutory application may be considered by releasing the accused/petitioner on bail at this stage by staying/suspending the operation of the sentence dated 27.08.2025 passed in Sessions Case No. 278/2024.

Ratio / Principle

The applicant/appellant, Keshab Barman, was released on bail for Rs. 25,000/- with one surety of like amount in Sessions Case No. 278/2024, to the satisfaction of the learned Additional Sessions Judge No. 1, Kamrup (M), Guwahati.

Key takeaways

The operation of the sentence and order dated 27.08.2025 stands suspended/stayed till the disposal of the connected criminal appeal, and the applicant is to furnish a compliance report before this Court after obtaining the release order.ratio¶23

Detailed headnote1 paragraphs

Gauhati High Court (Mitali Thakuria, J.) disposed of I.A.(Crl.)/177/2026, an application under S. 430 BNSS by Keshab Barman seeking suspension of sentence and release on bail during pendency of the connected appeal. The applicant had been convicted under Sections 109 and 118(2) BNS by judgment and order dated 27.08.2025 of the learned Additional Sessions Judge No. 1, Kamrup (M), Guwahati in Sessions Case No. 278/2024, sentenced to R.I. for 5 years with a fine of Rs. 1,000/- (S. 109 BNS) and R.I. for 3 years with a fine of Rs. 1,000/- (S. 118(2) BNS). Noting that the accused had been in custody since 07.09.2024, already undergoing about 1 year 6 months 5 days, the Court released him on bail for Rs. 25,000/- with one surety of like amount and suspended/stayed the operation of the sentence and order dated 27.08.2025 till disposal of the connected criminal appeal, directing the applicant to furnish a compliance report after obtaining the release order.

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GAHC010016492026

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

I.A.(Crl.)/177/2026

KESHAB BARMAN S/O SRI MADAR BARMAN R/O- BONDA COLONY BONDA P.S- PRAGJYOTISHPUR DIST-KAMRUP(M) ASSAM

VERSUS

THE STATE OF ASSAM REP BY THE PP ASSAM

-----------Advocate for : MR ALTAF AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

ORDER

Date : --11.03.2026

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Heard Mr. A. Ahmed, the learned counsel for the applicant. Also heard Mr. P. Borthakur, the learned Addl. PP appearing on behalf of State respondent.

2. This is an application u/s 430 BNSS for suspension of sentence and to release the applicant on bail during pendency of the connected appeal.

3. It is submitted by Mr. Ahmed that the petitioner was convicted u/s 109/118(2) BNS vide its judgment & order dated 27.08.2025 passed by learned Additional Sessions Judge No. 1, Kamrup (M), Guwahati in Sessions Case No. 278/2024 and to sentence him to undergo R.I. for 5 years along with a fine of Rs. 1,000/- for offence punishable under Section 109 BNS and R.I. for 3 years along with a fine of Rs. 1,000/- for the offence punishable u/s 118(2) BNS.

4. Mr. Ahmed further submitted that the accused is in jail hajot since 07.09.2024 and till date he is already in custody for 1 year 6 months 5 days and hence considering his period of detention the prayer for releasing him on bail may be considered along with the prayer for suspension of sentence proved against the present petitioner.

5. Mr. Borthakur, the learned Addl. PP submitted in this regard that without the perusal of the TCR he is not in a position to submit on the merit of the case. But, he submits that the period of sentence already undergone by the petitioner may be considered.

6. Hearing the submission made by learned counsel for both sides and other circumstances including the period of imprisonment already undergone by the accused/petitioner for about 1 year 6 months 5 days, I find this Court is of the opinion that the present interlocutory application may be considered releasing the accused/petitioner on bail at this stage by staying/suspending the operation

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of sentence dated 27.08.2025 passed in Sessions Case No. 278/2024 as stated above.

7. In view of this, the applicant/appellant, namely, Keshab Barman is hereby released on bail for Rs. 25,000/- (Twenty Five thousand) only in Sessions Case No. 278/2024 with one surety of like amount to the satisfaction of learned Additional Sessions Judge No. 1, Kamrup (M), Guwahati.

8. After obtaining the release order the applicant will furnish the compliance report before this Court. In the same time, the operation of sentence and order dated 27.08.2025 is hereby suspended/stayed, till the disposal of the connected criminal appeal.

9. With the above observations, the I/A stands disposed of.

JUDGE

Comparing Assistant