Prasanta Bhuyan @ Sushil Bhuyan vs The State Of Assam And Anr
2021 Latest Caselaw 3042 Gua

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GAHC010126362021




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

                                Case No. : I.A.(Crl.)/321/2021

            PRASANTA BHUYAN @ SUSHIL BHUYAN
            S/O- BHABA BHUYAN, R/O- CHOWKHAMTING GAON, P.O. SISSI
            BORGAON, P.S. SILAPATHAR, DIST.- DHEMAJI, ASSAM, PIN- 787110.



            VERSUS

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

            2:AHMED ALI
             S.I. DHEMAJI POLICE STATION
             DIST.- DHEMAJI
            ASSAM

Advocate for the Petitioner   : MR. I CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                    HONOURABLE MR. JUSTICE SUMAN SHYAM
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 23-11-2021 Suman Shyam, J

Heard Mr. B. Haldar, learned counsel for the applicant. We have also heard Ms. B.

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Bhuyan, learned Addl. P.P. Assam appearing on behalf of the respondent No. 1.

By filing this I.A. the applicant, who was convicted under Section 10(a)(iv) of the

Unlawful Activities (Prevention) Act, 1967 and sentenced to undergo imprisonment for a

period of 02 years and also to pay fine of Rs. 5,000/- with default stipulation and also

convicted under Section 13(2) of the Unlawful Activities (Prevention) Act, 1967 and

sentenced to undergo rigorous imprisonment for 04 years and to pay fine of Rs. 5,000/-

with default stipulation, has approached this Court for the third time seeking his release

on bail during the pendency of the connected appeal. The two applications filed by the

applicant earlier were rejected by this Court by a speaking order.

Today when the matter is called up, Ms. Bhuyan, learned Addl. P.P. Assam submits

that in the absence of any new ground the third application by the same applicant would

not be maintainable in law. The learned Addl. P.P. Assam, however, submits that she

would not oppose the prayer for early hearing of the appeal, if considered by this Court.

Upon a careful perusal of the impugned judgment, we find that although by a

common judgment and order a number of accused persons have been convicted and

sentences awarded by the learned trial court, yet, the conviction and sentence of the

present applicant is distinct and different from the other convicts inasmuch as the same

stands on its own footing.

Since this appeal has already been admitted and the paper book is also ready, we

are of the view that the appeal preferred by the present applicant, viz. Crl. Appeal No.

309/2019 deserves to be taken up for expeditious disposal.

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In view of the above, we direct the Registry to list Crl. Appeal No. 309/2019 for

final hearing as a fixed item on 29-11-2021. We also make it clear that since the request

for expeditious hearing is made on behalf of the appellant in Crl. Appeal No. 309/2019,

the said appeal shall be segregated from the other appeals and listed singly for hearing,

along with the paper book.

                         JUDGE                      JUDGE
GS




Comparing Assistant