Gauhati High Court
Samarsing Basumatary @ Mondey @ ... vs The State Of Assam on 21 October, 2021
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GAHC010157282021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2595/2021
SAMARSING BASUMATARY @ MONDEY @ HAKHLANG
SON OF LATE BALENDRA BASUMATARY
RESIDENT OF VILL AND P.O. KOKLABARI, P.S. SIMLA
DIST. BAKSA, ASSAM, PIN-781330
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. U K DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 21-10-2021
Heard Mr. U.K. Das, learned counsel for the petitioner. Also heard Mr. BB Gogoi,
learned Additional P.P. for the State.
This bail application under Section 439 Cr.P.C. is preferred by accused Sri Samarsingh
[email protected] Mondey @ Hakhlang, who is languishing in jail in connection with Gobardhana
P.S. No. 150/2021, under Sections 120(B)/397 I.P.C. read with Section 25 (1A) of Arms Act.
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Mr. U.K. Das, the learned counsel for the petitioner has submitted that the accused
Samarsingh Basumatary was arrested on 06-08-2021 and since then he has been languishing
in jail hazot. It is further submitted that the accused is behind the bar for the last 65 days
and as such, he has already completed the mandatory period of detention, and as such, he is
entitled to default bail in view of judgment of Hon'ble Supreme Court in Rakesh Kumar Paul
Vs. State of Assam reported in (2017) 15 SCC 67. Therefore, it is prayed for enlarging him on
default bail.
On the other hand, Mr. BB Gogoi, the learned Additional P.P. has submitted that
though, the case has been fixed today for production of the case diary, the same is yet not
received. Therefore, it is contended to give another chance to the prosecution side to
produce the case diary. However, Mr. Gogoi, learned Additional P.P. has fairly submitted that
the accused is languishing in jail hazot for more than 60 days and in view of judgment of
Hon'ble Supreme Court in Rakesh Kumar Paul VS State of Assam (Supra), the accused is
entitled to default bail.
Having heard the learned advocates of both sides, I have gone through the FIR and
the documents placed on record carefully. It appears that the accused was arrested on 06-08-
2021, and since then, he has been languishing in jail hazot. The case was registered under
Sections 120(B)/397 I.P.C. read with Section 25 (1A) of Arms Act.
Considering the minimum and maximum term of imprisonment prescribed for the
offences and also considering the ratio laid down by Hon'ble Supreme Court in Rakesh Kumar
Paul VS State of Assam (Supra), this Court left no doubt in the mind that the
accused/petitioner is entitled to default bail under Sections 167(2) CrPC.
It is to be mentioned here that in the aforementioned case, the Hon'ble Supreme Court
has held that in all cases, where the minimum sentence is less than 10 years but the
maximum sentence is not death or life imprisonment, then Section 167 (2) (a) (ii) CrPC will
apply and the accused will be entitled to default bail after 60 days, in case, charge-sheet is
not filed. Further it is to be mentioned here that in the case in hand also, charge-sheet has
not been filed. Accordingly, it is provided that on furnishing bond of Rs. 10,000/- (Rupees ten
thousand) with one surety of like amount, to the satisfaction of the learned Chief Judicial
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Magistrate, Baksa, the accused/petitioner, namely, Sri Samarsingh [email protected] Mondey @
Hakhlang shall be enlarged on bail.
JUDGE
Comparing Assistant
