Bipul Dey vs The State Of Assam And Anr
2021 Latest Caselaw 658 Gua

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GAHC010020872021




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

                                 Case No. : I.A.(Crl.)/79/2021

            BIPUL DEY
            S/O- LATE ANIL DEY, R/O- VILL.- SUKANTA PATH, WARD NO. 2, P.S.
            LANKA, DIST.- HOJAI. ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY PP ASSAM

Advocate for the Petitioner   : MR D TALUKDAR

Advocate for the Respondent : PP, ASSAM


                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM
                       HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                           ORDER

24.02.2021 Suman Shyam, J.

Heard Mr. D. Talukdar, learned counsel appearing for the applicant. Also

heard Mr. M. Phukan, learned Addl. P.P., Assam, appearing for the State.

The applicant herein, who is one of the four accused persons convicted

under Section 302 IPC and sentenced to undergo imprisonment for life and also

to pay fine of Rs.50,000/- each vide judgment and order dated 28.08.2019 Page No.# 2/2

passed by the learned Additional Sessions Judge, Hojai, in connection with

Sessions Case No.59/2015, has approached this Court seeking his release on bail

for a limited period of 60 days on the ground that his 11 years old daughter has

recently been diagnosed as suffering from "Non-Hodgking Lymphoma" which is

a form of blood cancer and she is undergoing treatment in the Dr. B. Barooah

Cancer Institute, Guwahati.

Mr. Talukdar submits that if the applicant is allowed to remain on bail for

a period of 60 days, he would be able to ensure proper treatment of his

daughter for the future.

The prayer is not opposed by Mr. Phukan, learned Addl. P.P. and Mr. J.

Das, learned counsel representing the informant.

Having regard to the facts and circumstances of the case as well as the

nature of prayer made by the applicant, we are inclined to allow the prayer

made in this I.A.

It is, therefore, directed that the applicant be allowed to go on bail and

remain on bail for a period of 60 days with effect from the date of his release,

subject to furnishing a bail bond of Rs.25,000/- and one surety of like amount. It

is made clear that after expiry of the period of 60 days, the applicant would

surrender before the Jail authorities.

The I.A. stands disposed of.

                                          JUDGE                               JUDGE


Comparing Assistant