Judgment & Order(Oral)
01. This application has been filed by the appellant-convicted persons-in custody under Section 389(2) of Cr.P.C. corresponding to Section 430(2) of BNSS seeking suspension of the sentence imposed vide judgment and order dated 04.08.2025 delivered by Learned CJM, Sepahijala District, Sonamura in connection with PRC(WP) No.94 of 2024 which has been affirmed by the Learned Sessions Judge, Sepahijala District, Sonamura vide order dated 30.01.2026 in Criminal Misc. Case No.07 of 2025 arising out of Criminal Appeal No.09 of 2025.
02. Heard Learned Counsel, Mr. D. Biswas appearing on behalf of the accused/convicted persons-in-custody and also heard Learned P.P. appearing on behalf of the State-respondents.
03. Taking part in the hearing, Learned Counsel for the accused/convicted persons-in-custody drawn the attention of the Court that by a judgment dated 04.08.2025 in PRC(WP) No.94 of 2024 Learned CJM, Sepahijala found the appellants to be guilty of offence and convicted them. The operative portion of the said judgment runs as follows:
SENTENCING ORDER
“[43] Thus, taking note of the observations of the Hon’ble Apex Court on sentencing, I am of the reasoned opinion that it is the duty of every court to award appropriate sentence having regard to the nature of the offences and the manner in which it was executed or committed and also considering its impact on the society at large. Accordingly, considering the nature of the offences and the premeditated manner in which the offences were committed, the convicts Ali Ahammed and Sabujer Rahaman are hereby is sentenced to suffer rigorous Imprisonment (RI) for a term of 7 (seven) years and to pay fine of Rs. 50,000/- (Fifty Thousand) only, each i.d. to suffer simple imprisonment (SI) of six month for commission of offence under Sections 457 I.P.C. The convicts Ali Ahammed and Sabujer Rahaman are also sentenced to suffer rigorous Imprisonment (RI) for a term of 7 (seven) years and to pay fine of Rs. 50,000/- (Fifty Thousand) only, each i.d. to suffer simple imprisonment (SI) of 6 (six) months for commission of offence under Sections 382 I.P.C. Both the sentences shall run concurrently.
[44] Period of detention, if any, undergone by the convicts shall be set-off as per Sec. 428 of CrPC.
[45] Fine money, if realized from the convicts shall be deposited in the treasury through proper challan.
[46] Seized articles be handed over to the owner after completion of the period of appeal, after fulfilling necessary formalities.
[47] Copy of the judgment be given to both the convicts immediately. The convicts have been informed of their right to appeal against the judgment and order of this Court.
[48] Judgment delivered in the open Court.
[49] This case is, thus, disposed of on contest.”
Challenging that judgment, the present convicts have preferred an appeal before the Sessions Judge and also prayed before the Learned Sessions judge by a separate petition under Section 389 of Cr.P.C. for suspension of the sentence till disposal of the Criminal Appeal No.09 of 2025. But the Learned Sessions Judge by the order dated 30.01.2026 has rejected their prayer and challenging that order this appeal is filed before this Court under Section 389(2) of Cr.P.C. Learned Counsel further submitted that there is sufficient materials for the appellant-convicts to succeed in the appeal which the Learned Trial Court did not consider at the time of delivery of judgment and if on conclusion of the appeal they are finally acquitted, in that case their period of incarceration would be without any basis and that would be an unnecessary harassment to them. So, Learned Counsel urged for suspending the said sentence and to release the present accused/convicted persons-in-custody on bail till disposal of the appeal.
04. On the other hand, Learned P.P. appearing on behalf of the State-respondent submitted that there was direct incriminating evidence against the appellants and the Learned Trial Court, considering the materials on record rightly found them guilty and convicted them accordingly and Learned Sessions Judge rightly dismissed their petition.
05. Heard both the sides. Perused the relevant records. There is no dispute on record that both the present appellants were found guilty and convicted by Learned Sessions Court. The appellants have preferred statutory appeal and the appeal is pending for disposal before the Learned Trial Court. It is also on record that the present appellants were languishing in custody since last 11 months. Learned P.P. at the time of hearing failed to submit any material to disallow the prayer filed by the appellants.
06. So, considering the materials on record, it is ordered that the judgment and order of conviction and sentence dated 04.08.2025 passed by Learned CJM, Sepahijala District, Sonamura be suspended till disposal of the appeal bearing No.Criminal Appeal 09 of 2025 pending before the Court of Learned Sessions Judge, Sepahijala District, Sonamura of their execution of bond of Rs.1,00,000/- with two sureties of like amount subject to satisfaction of Learned Sessions Judge, Sepahijala District, Sonamura with further condition that the convict petitioners shall not leave the jurisdiction of the Appellate Court without the permission of that Court till disposal of the appeal. In the event of execution of bond necessary order of release would be passed by Learned Sessions Judge, Sepahijala District, Sonamura.
Send down the record to the Learned Sessions Judge along with a copy of this order/judgment. Also a copy of this judgment/order be communicated to the Court of Learned CJM, Sepahijala District, Sonamura. A copy of this order also be furnished to Learned Counsel for the petitioners for information and necessary action.
With this observation, this present petition stands disposed of.
Pending application(s), if any, also stands disposed of.
