Page No.# 1/3 vs The State Of Assam And Anr
2021 Latest Caselaw 1619 Gua

                                                               Page No.# 1/3

GAHC010091042021




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

                              Case No. : I.A.(Crl.)/271/2021

          PRABITRA DAS and ANR
          S/O MINESWAR DAS
          R/O NEGHERITING KAIBARTA GAON
          P.S. DERGAON
          DIST. GOLAGHAT
          ASSAM.

          2: SRI MINTU DAS
          S/O MINESWAR DAS
           R/O NEGHERITING KAIBARTA GAON
           P.S. DERGAON
           DIST. GOLAGHAT
          ASSAM.

           VERSUS

          THE STATE OF ASSAM and ANR
          REPRESENTED BY PP ASSAM

          2:SRI SAMIRAN DAS
          S/O KERKAN DAS
          R/O NEGHERITING KAIBARTA GAON
           P.S. DERGAON
           DIST. GOLAGHAT
          ASSAM.
           ------------

Advocate for : S BORGOHAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM and ANR

Linked Case : Crl.A./126/2016

PRABITRA DAS and ANR Page No.# 2/3

S/O MINESWAR DAS R/O NEGHERITING KAIBARTA GAON P.S. DERGAON DIST. GOLAGHAT ASSAM.

VERSUS

THE STATE OF ASSAM and ANR

------------

Advocate for : MR.N J GOGOI Advocate for : appearing for THE STATE OF ASSAM and ANR

-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

24-06-2021 (Sudhanshu Dhulia, CJ)

The matter is taken up through video conferencing. Heard Mr. S Borgohain, learned counsel for the applicants/appellants and Ms. S Jahan, learned Additional Public Prosecutor, Assam.

The present applicants/appellants, namely, Sri Pabitra Das and Sri Mintu Das were convicted under Sections 302/323/341/34 IPC vide judgment and order dated 12.06.2015 passed by the Sessions Judge, Golaghat in Sessions Case No.139/2003 and were sentenced to undergo rigorous imprisonment for life with fine of Rs.5,000/- each, in default, simple imprisonment for another two months under Section 302/34 IPC and also to undergo simple imprisonment for Page No.# 3/3

one month under Section 323/34 IPC and simple imprisonment for fifteen days under Section 341/34 IPC.

The applicants/appellants have filed this application praying for releasing them on bail.

Mr. S Borgohain, learned counsel for the applicants/appellants submits that both the applicants/appellants have been in jail for more than 11 years, in fact, close to 12 years. Initially their conviction in the year 2007 was set aside by a Division Bench of this Court and retrial was held where the applicants/appellants were again convicted on 12.06.2015. It is an admitted case that during the period of trial, the applicants/appellants were on bail and they never misused the bail. Moreover, as of now they have been in jail for last more than 11 years.

Ms. S Jahan, learned Additional Public Prosecutor, Assam has objected to the prayer for bail on the ground that the applicants/appellants have been convicted for commission of a heinous crime.

However, we are of the opinion that this case must be heard in normal physical hearing in the Court. Under these circumstances, we are inclined to release both the applicants/appellants on bail on two sureties each and their personal bond, to the satisfaction of the concerned Magistrate.

This interlocutory application is allowed.

                      JUDGE                  CHIEF JUSTICE



Comparing Assistant