Gauhati High Court
Sri Rajen Nayak vs The State Of Assam And Anr on 25 March, 2022
Page No.# 1/3
GAHC010194172019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/655/2019
SRI RAJEN NAYAK
S/O-LATE SUKRA NAYAK, VILL-BARKATHIABARI, P.S. BIHALI, DIST.
BISWANATH CHARIALI, ASSAM, PIN-784166
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY P.P. ASSAM
2:SMTI. SUKURMANI NAYAK
W/O-LATE PRAHALAD NAYAK
VILL-BARKATHIABARI
P.S. BEHALI
DIST. SONITPUR
ASSAM
PIN-78416
Advocate for the Petitioner : MR. B C DAS, LEGAL AID COUNSEL
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 25-03-2022
Suman Shyam, J
Heard Mr. B.C. Das, learned counsel for the applicant. We have also heard Ms. S.
Jahan, learned Addl. P.P. Assam appearing for the State.
Page No.# 2/3
By the judgment dated 17-12-2018 the applicant herein was convicted under
Section 302 IPC by the learned Addl. Sessions Judge (FTC), Biswanath Chariali at Sonitpur
in connection with Sessions Case No. 168/2014 and sentenced to undergo rigorous
imprisonment for life and also to pay fine of Rs. 2,000/- with default stipulation. Since
then, the applicant is in jail.
The applicant as appellant has preferred the connected appeal assailing the
impugned judgment. By filing the instant application under Section 389 Cr.P.C., the
applicant has approached this Court seeking suspension of jail sentence and for his
release on bail.
By referring to the impugned judgment, Mr. Das has pointed out that according to
the prosecution there were two eye witnesses, viz. PW- 1 and 4. However, the PW- 1 was
a deaf and blind person and therefore, her evidence has been held to be unreliable by the
learned court below. Insofar as PW-4 is concerned, there are significant improvements in
his testimony and although he has claimed to have seen the occurrence along with 6/7
other persons working in his nursery at that time, none of those persons had been
examined by the prosecution. Contending that PW-4 did not state before the Investigating
Officer (I/O) that he had seen the victim being attacked from the backside, Mr. Das
submits that there are material contradictions in the testimony of the star witness and
therefore, this is a fit case for allowing the applicant to go on bail.
Ms. Jahan, learned Addl. P.P. Assam has taken us through the case diary,
wherefrom we find that the PW-4 did not state before the I/O that he had seen the
accused/ applicant hit the deceased from the backside but he has said so in his deposition
Page No.# 3/3
before the Court. Moreover, there are some variations in the nature of injuries found in
the dead body between the version of PW-4 and the postmortem report. These aspects of
the matter would require deeper examination during the course of final hearing. However,
considering the evidence on record and the observations made by the learned trial court,
we find that the applicant has made out a strong prima facie case so as to allow him to
go on bail.
We, accordingly, directed that the applicant, viz. Sri Rajen Nayak be allowed to go
on bail on furnishing bond of Rs. 30,000/- with one local surety of like amount to the
satisfaction of the learned Addl. Sessions Judge (FTC), Biswanath Chariali at Sonitpur,
pending disposal of the connected appeal.
The learned court below would be at liberty to impose any additional conditions for
releasing the applicant on bail, if deemed fit.
Before parting with the record, we make it clear that the observations made
hereinbefore are meant for the limited purpose of disposing of this I.A. and the same
would have no bearing in the final hearing of the appeal.
I.A. stands disposed of.
JUDGE JUDGE
GS
Comparing Assistant
