Sanjib Bhumij vs The State Of Assam And Anr
2022 Latest Caselaw 1124 Gua

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GAHC010016822022




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

                                 Case No. : I.A.(Crl.)/53/2022

            SANJIB BHUMIJ
            S/O LATE MOHENDRA BHUMIJ, R/O VILL- NO. 5 THURAJAN, P.O. AND P.S.-
            BOGIJAN, DIST-GOLAGHAT, ASSAM, PIN-782490



            VERSUS

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

            2:SMTI. BABLI SINGH BHUMIJ
             D/O LATE DILIP SINGH BHUMIJ
             R/O VILL- NO. 5 THURAJAN GAON
             P.O. -BOGIJAN
             P.S.-BOGIJAN
             DIST-GOLAGHAT
            ASSAM
             PIN-78249

Advocate for the Petitioner   : MS S SHARMA

Advocate for the Respondent : PP., ASSAM.




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                            ORDER

Date : 30-03-2022 Suman Shyam, J Page No.# 2/3

Heard Ms. S. Sharma, learned legal aid counsel on behalf of the applicant. Also

heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State.

By the judgment dated 25-06-2021 passed by the learned Sessions Judge,

Golaghat in connection with Sessions Case No. 202/2013 the applicant herein was

convicted under Section 302/ 307/ 323 of the IPC for committing the murder of his

brother Ratan Bhumij by means of axe and lathi, in his courtyard and sentenced inter alia

to undergo rigorous imprisonment for life. Since then, the applicant is in jail.

By filing this I.A. a prayer has been made to suspend his jail sentenced and also for

releasing the applicant on bail.

Ms. Sharma has addressed elaborate arguments in support of the prayer made in

the I.A. which have been rebutted by Ms. S. Jahan, learned Addl. P.P. Assam.

After hearing the arguments of learned counsel for both sides, we are of the view

that submissions made at the bar are touching upon the merit of the appeal and

therefore, the same can be gone into during final hearing of the appeal.

Since the appeal has already been admitted and the LCR has also been received,

we are of the view that this is a fit case where expeditious hearing of the appeal should

be ordered.

Registry to, therefore, expedite preparation of the paper book and list the appeal

along with the I.A. again on 23-05-2022 for necessary order(s).

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JUDGE JUDGE GS

Comparing Assistant