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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Dinabandhu Pashi alias Dinanath Pashi alias Dinabanda Pashi S/o Late Ratan Pashi – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. suspension of sentence procedure and context. (Para 1 , 2 , 3) |
| 2. inconsistency in prosecution witnesses' testimony. (Para 5) |
| 3. criteria for suspension of sentence consideration. (Para 6 , 7 , 8) |
| 4. final order and application disposal. (Para 9) |
ORDER :
1. Heard Mr. I.A. Talukdar, learned counsel for the applicants-revision petitioners and Mr. M.P. Goswami, learned Additional Public Prosecutor for the opposite party-respondent no. 1 State of Assam.
2. The present application is preferred seeking suspension of the execution of sentence passed against the applicant-revision petitioners and for their release on bail.
3. The applicants as the revision petitioners have preferred the accompanying criminal revision petition, Crl.Rev.P. 19/2026 against a Judgment and Order dated 28.11.2025 passed by the Court of learned Additional Sessions Judge no. 3, Cachar, Silchar [‘the Appellate Court’, for short] in Criminal Appeal no. 64/2023. By the Judgment and Order dated 28.11.2025, the Appellate Court has affirmed the Judgment and Order dated 02.09.2023 passed by the Court of learned Sub-Divisional Judicial Magistrate [M], Lakhipur [‘the Trial Court’, for short] in G.R. Case no. 95
Suspension of sentence can be granted liberally unless exceptional circumstances exist, especially where inconsistencies in witness testimonies raise reasonable doubt.
The court established that a suspension of sentence may be granted when the applicant demonstrates prior compliance with bail conditions and the potential for prolonged judicial proceedings.
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