Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 2980 Gua

                                                                    Page No.# 1/3

GAHC010045052023




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

                                Case No. : I.A.(Crl.)/189/2023

            KANAKLATA DAS @ KANAKPRABHA AND ANR.
            W/O LATE NANI GOPAL DAS, RESIDENT OF VILLAGE DUHALIA PART II, PS
            PATHARKANDI, DIST KAMRIMGANJ, ASSAM

            2: RATAN DAS
             S/O LATE NANI GOPAL DAS

            RESIDENT OF VILLAGE DUHALIA PART II
            PS PATHARKANDI
            DIST KAMRIMGANJ
            ASSA

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:BIKRAMJIT DAS

             S/O BIJAY DAS

            RESIDENT OF NIVIA BAZAR
            PS RATABARI
            DIST KARIMGANJ
            ASSAM


Advocate for the Petitioner   : MR H R A CHOUDHURY


Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                    HONOURABLE MR. JUSTICE KARDAK ETE

                                      ORDER

Date : 08.08.2023 (K.R. Surana, J)

Heard Mr. H.R.A. Choudhury, learned senior counsel, assisted by Mr. A. Ahmed, learned counsel for the applicant. Also heard Mr. D. Das, learned APP appearing for the State.

2. This interlocutory application has been filed under section 389 Cr.P.C. for suspension of sentence.

3. By the judgment and order dated 10.02.2023, passed by the learned Sessions Judge, Karimganj in Sessions Case no. 49/2017, the applicant was convicted for committing offence under section 302/34 IPC and the applicant was sentenced to undergo rigorous imprisonment for life and also to pay fine with default stipulations.

4. The LCR reveals that on 16.02.2018, after the evidence-in-chief of PW-3 was recorded, the Court was of the opinion that the applicant be summoned as an accused and accordingly, the applicant was tried as an accused person. Therefore, it appears that the applicant was initially not proceeded as an accused person and she was subjected to trial after passing of the order dated 16.12.2018.

5. The learned senior counsel for the applicant has submitted that only after the conviction, the applicant was taken into custody.

6. Under such circumstances, considering the projection made in this application that the applicant is a lady, aged about 70 years and also on consideration that she was initially not proceeded against as an accused person, the Court is of the considered opinion that pending consideration of the appeal, Page No.# 3/3

the applicant herein, namely, Kanaklata Das @ Kanakprabha Das be released on bail in connection with the aforementioned case on furnishing bail bond of Rs.1,00,000/- with 2 (two) solvent sureties of like amount to the satisfaction of the learned Sessions Judge, Karimganj.

7. The bail is granted on the following conditions:

a. That the applicant shall give an undertaking in form of an affidavit that in the event the appeal is decided against her, she would surrender before the learned District Judge, Karimganj to serve the sentence.

b. The applicant shall not leave the jurisdiction of Karimganj District without prior information to the Officer-in-Charge of Patharkandi Police Station by giving particulars of the place/places where she intends to go and the period of time she would be within the station.

c. If the applicant has any passport, she would surrender the same before the Court of learned Sessions Judge, Karimganj.

8. Accordingly, this interlocutory application stands allowed.

                           JUDGE                        JUDGE




Comparing Assistant