Marjina Begum vs The State Of Assam And Anr
2023 Latest Caselaw 118 Gua

                                                               Page No.# 1/2

GAHC010224772022




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




             I.A.(Crl.)/724/2022

            MARJINA BEGUM
            W/O LATE JAKIR ALI
            R/O VILL- JAMORTOL
            PS- RANGIA
            DIST KAMRUP
            ASSAM


             VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM


            ------------
            Advocate for : MS. B R A SULTANA
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                     ORDER

Date : --06.01.2023 Page No.# 2/2

Heard Ms. B.R.A. Sultana, learned counsel for the appellant/petitioner Marjina Begum who has filed an application under Section 389 Cr.P.C. with prayer for bail. She has been convicted vide judgment & order dated 28.11.2019 and 04.12.2019 passed in NDPS Case No. 5/2012 to undergo Rigorous Imprisonment for 7 years and pay a fine of Rs. 70,000/- with default stipulation.

It is submitted on behalf of the appellant/petitioner that she is the mother of a 12 year old daughter who is specially abled and her daughter is at present staying with her relative. She has been languishing in the jail continuously from 28.11.2019. It is also submitted that the conviction of the trial Court is erroneous.

Heard Mr. P. Borthakur, learned Addl. P.P. for State respondent.

The operation of the impugned judgment has already been stayed till disposal of the appeal. I have also considered the prayer of parity regarding bail of the co- accused Smt. Manju Begum in IA 149/2020 in connection with Criminal Appeal No. 58/2020. I have also considered the fact that the appellant/petitioner is a mother of the 12 year old daughter who is a specially abled.

Considering all aspects, the appellant/petitioner Marjina Begum is directed to be released on bail Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the Special Judge (NDPS), Nalbari.

The I.A. stands disposed of.

JUDGE

Comparing Assistant