Gauhati High Court
Pradip Jha vs The State Of Assam And Anr on 10 June, 2021
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GAHC010013272021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/63/2021
PRADIP JHA
S/O- LATE RAMJI JHA, R/O- VILL.- MAZBAT TOWN, P.S. MAZBAT, PIN-
784507, DIST.- UDALGURI (BTAD), ASSAM AND ALTERNATE ADDRESS-
M/S. MAA TEA GARDEN NO. 1 GAROGAON, MAZBAT, DIST.- UDALGURI,
BTAD, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE LEARNED PUBLIC PROSECUTOR, ASSAM.
2:MANTU KUMAR DEKA
S/O- LATE BENUDHAR DEKA
SUB INSPECTOR OF POLICE MAZBAT PS
MAZBAT
DIST.- UDALGURI (BTAD)
ASSA
Advocate for the Petitioner : MR. A BHATTACHARYA
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./28/2021
PRADIP JHA
S/O- LATE RAMJI JHA
R/O- VILL.- MAZBAT TOWN
P.S. MAZBAT
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PIN- 784507
DIST.- UDALGURI (BTAD)
ASSAM AND ALTERNATE ADDRESS- M/S. MAA TEA GARDEN NO. 1
GAROGAON
MAZBAT
DIST.- UDALGURI
BTAD
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE LEARNED PUBLIC PROSECUTOR
ASSAM.
2:MANTU KUMAR DEKA
S/O- LATE BENUDHAR DEKA
SUB INSPECTOR OF POLICE MAZBAT PS
MAZBAT
DIST.- UDALGURI (BTAD)
ASSAM
------------
Advocate for : MR. A BHATTACHARYA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA
HON BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
10-06-2021
(Sudhanshu Dhulia, CJ)
The matter is taken up through video conferencing.
Heard Mr. A. Bhattacharya, learned counsel for the applicant/ appellant.
Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing
for the respondent No.1.
The applicant/appellant has been convicted vide judgment & order
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dated 26.11.2020 passed by the learned Special Judge, Udalguri in Special
(NDPS) Case No.20/2015 under Section 20(b) (ii)(C) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 and sentenced him to undergo rigorous
imprisonment for fifteen years with a fine of Rs.1,00,000/- (Rupees One Lakh),
in default, to undergo simple imprisonment for another six months. Presently
the applicant/appellant is in District Jail, Udalguri.
Since the present application has been filed only on medical grounds,
we sought instructions from the learned Additional Public Prosecutor, Assam.
Today, we have been informed that the applicant/appellant is indeed an
acute diabetic patient and his condition in jail, where he is presently jailed, for
the last more than seven months, has deteriorated in the last three months, and
the medical opinion of the Doctors, who have examined the applicant/appellant,
also states that the applicant/appellant needs to be examined by experts.
Under these circumstances, purely on the medical condition of the
applicant/appellant and also on prevailing COVID-19 pandemic situation, which
is in its second wave and we have also been told that many of the inmates in
Udalguri District Jail have been found COVID positive, a case for at least interim
bail is made out.
Therefore, we release the applicant/appellant for an interim bail for a
period of three months. He shall be released on personal bond and two sureties
to the satisfaction of the concerned Court. The period of three months shall be
calculated from the date of release of the applicant/appellant. He shall
surrender immediately before the Special Judge, NDPS, Udalguri after
completion of three months.
List after three months.
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JUDGE CHIEF JUSTICE
Comparing Assistant
