Bipul Dey vs The State Of Assam And Anr
2021 Latest Caselaw 1568 Gua

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GAHC010078392021




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

                                 Case No. : I.A.(Crl.)/242/2021

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



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY P.P., ASSAM

            2:PAPPU DEY
             S/O. LATE PANNALAL DEY
             R/O. W/NO. 9
             NETAJI ROAD
             LANKA TOWN
             P.S. LANKA
             DIST. HOJA

Advocate for the Petitioner   : MR Z KAMAR

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./391/2019

            BIPUL DEY AND 3 ORS.
            S/O- LATE ANIL DEY
            R/O- VILL.- SUKANTA PATH
            WARD NO. 2
            P.S. LANKA
                                                  Page No.# 2/5

DIST.- HOJAI.

2: ACHINTA DEY
S/O- LATE ANIL DEY
 R/O- VILL.- SUKANTA PATH
WARD NO. 2
 P.S. LANKA
 DIST.- HOJAI.

3: KRISHNA DEY
S/O- LATE ANIL DEY
R/O- VILL.- SUKANTA PATH
WARD NO. 2
P.S. LANKA
DIST.- HOJAI.

4: SRI PRANAB ASHISH DUTTA @ MUNNA
S/O- SRI HEMENDRA DUTTA
R/O- RANGMOHOLA
P.S. LANKA
DIST.- HOJAI.
VERSUS

THE STATE OF ASSAM AND ANR
REP. BY P.P.
ASSAM.

2:SRI PAPPU DEY
S/O- LATE PANNALAL DEY
 R/O- WARD NO. 9
 NETAJI ROAD
 LANKA TOWN UNDER LANKA POLICE STATION
 IN THE DISTRICT OF HOJAI
ASSAM.
 ------------

Advocate for : MR. A M BORA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 3/5

-B E F O R E -

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

25-05-2021

(Sudhanshu Dhulia, CJ)

The matter is taken up through video conferencing. Heard Mr. Z Kamar, learned counsel for the applicant. Also heard Mr. A. Bhuyan, learned counsel for the informant as well as Mr. M. Phukan, learned Additional Public Prosecutor, Assam for the respondent State.

The present applicant Bipul Dey, who is one of the four accused persons convicted under Section 302 IPC by the learned Addl. District & Sessions Judge, Hojai vide judgment and order dated 28.08.2019 in Sessions Case No. 59/2015, is before us in the present Interlocutory Application. The applicant was released on short term bail by an order dated 24.02.2021 passed by a Division Bench of this Court on the ground that his 11 years old daughter was suffering from cancer and needed to be treated at Guwahati. The order dated 24.02.2021 reads as under:

" 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 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, Page No.# 4/5

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.

Subsequently when the matter came up before the Court on 27.04.2021, the interim order was extended for three weeks and the case was ordered to be listed on 24.05.2021. By way of the present application, the applicant prays for extension of his interim bail for a further period of one month on the ground that subsequent to his release on short term bail, he got his daughter treated at a hospital in Guwahati and his daughter was responding well, but now she has been referred to another hospital at Kolkata for better treatment and she is now to be taken to Kolkata.

Although Mr. A. Bhuyan, learned counsel for the informant has vehemently opposed the bail application but has subsequently very fairly relented on humanitarian grounds since the matter concerns treatment of a cancer patient. We are also conscious of the fact that by an order dated 10.05.2021 passed in PIL (Suo Motu) No. 03/2021, a Full Bench of this Court has already extended all interim bails for a period upto 01.06.2021.

Under these circumstances, we extend the bail granted to the applicant for a further period of four weeks to be counted from today.

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The applicant shall surrender before the concerned Magistrate immediately after expiry of four weeks.

List before this Court on 25.06.2021.

                      JUDGE               CHIEF JUSTICE




Comparing Assistant