Gauhati High Court
Lunse Bey vs The State Of Assam And Anr on 27 April, 2022
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GAHC010206932021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/45/2022
LUNSE BEY
S/O- SEMSON BEY,
R/O- VILL- JENGKHA HARLONGSORA ENGI GAON,
P.S- KHERONI,
DIST- KARBI ANGLONG, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP, ASSAM.
2:SHERO KUMAR SHARMA
S/O- DWARIKA SHARMA
R/O- JENGHA RONGPI GAON
P.S.- KHERONI
DIST- KARBI ANGLONG
PIN- 782460
ASSAM
Advocate for the Petitioner : S BORGOHAIN
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./19/2022
LUNSE BEY
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S/O- SEMSON BEY
R/O- VILLAGE JENGKHA
HARLONGSORA ENGI GAON
P.S.- KHERONI
DISTRICT- KARBI ANGLONG
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP
ASSAM.
2:SHEO KUMAR SHARMA
S/O- SRI DWARIKA SHARMA
R/O- VILL- JENGHARONGPI GAON
P.S.- KHERONI
DIST- KARBI ANGLONG
ASSAM. PIN- 782460.
------------
Advocate for : S BORGOHAIN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 27-04-2022
Suman Shyam, J
Heard Ms. B. Devi, learned counsel for the applicant. Also heard Ms. B. Bhuyan,
learned Addl. P.P. Assam appearing on behalf of the State.
The applicant herein was amongst the three persons convicted by the learned
Sessions Judge, Karbi Anglong at Diphu by the judgment dated 21-09-2017 passed in
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Sessions Case No. 45/1993 whereby the three accused persons including the present
applicant were sentenced to undergo rigorous imprisonment for life and also to pay fine
of Rs. 5,000/- each.
Aggrieved by the impugned judgment, Crl. Appeal No. 19/2022 has been preferred
by the applicant, which is pending disposal before this Court. The instant I.A. has been
filed with a prayer to release the applicant on bail during the pendency of the connected
appeal.
By referring to the materials available on record, Ms. Devi, learned counsel for the
applicant submits that the conviction of the accused persons in this case is entirely based
on a retracted confessional statement as well as the evidence of PW-1, which is the
informant in this case. Contending that the two co-accused persons have already been
released on bail by this Court by taking note of such materials, the learned counsel for
the applicant has prayed for a similar order in respect of her client as well since the
conviction of all the accused persons is based on same set of evidence.
Ms. B. Bhuyan, learned Addl. P.P. Assam has not disputed the fact that the two co-
accused persons have been allowed to go on bail by this Court.
After careful scrutiny of the evidence available on record, we are convinced that the
two co-accused/ convicts who have been granted bail by this Court were also charged of
the same offence and the evidence against all the three co-accused were one and the
same. There also appears to be some contradiction in the evidence of PW-1. As such, in
order to maintain parity in judicial order and taking note on the peculiar facts and
circumstances of the case, we are of the view that the applicant has made out a good
case for releasing him on bail during the pendency of the connected appeal.
We, accordingly, direct that the applicant viz. Sri Lunse Bey be released on bail on
furnishing a bond of Rs. 50,000/- (fifty thousand) and one surety of like amount to the
satisfaction of the learned Sessions Judge, Karbi Anglong at Diphu.
The observations made hereinabove are for the limited purpose of disposal of this
bail application and we made it clear that the said observations will have no bearing in the
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outcome of the pending appeal during the final hearing.
With the above observation, this I.A. stands disposed of.
JUDGE JUDGE
GS
Comparing Assistant
