Brajeswar Bordoloi vs The State Of Assam And Anr
2023 Latest Caselaw 2311 Gua

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GAHC010105982023




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

                                Case No. : I.A.(Crl.)/421/2023

            BRAJESWAR BORDOLOI,
            S/O LATE SURATH BORDOLOI, VILLAGE KALIAJARI, PS MORIGAON, DIST
            MORIGAON, ASSAM 782105




            VERSUS

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

            2:KATIRAM BANGTHAI

             S/O LATE ASHOK BANGTHAI

             RESIDENT OF KALIYAJARI

             PS MORIGAON

             DIST MORIGAON

             ASSAM 78210




Advocate for the Petitioner   : MR D K BHATTACHARYYA

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                   HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
                      HONOURABLE MR. JUSTICE KARDAK ETE

                                     ORDER

Date : 02.06.2023 (Lanusungkum Jamir, J)

Heard Mr. D.K.Bhattacharya, learned counsel for the applicant. Also heard Ms. S.Jahan, learned Addl. PP, Assam.

By this application under Section 389(2) of the Code of Criminal Procedure 1973, the applicant, namely, Brajeswar Bordoloi is praying for bail on the ground that the applicant is suffering from high blood pressure, continuous headache on the left side, migraine and other related problems.

The applicant was convicted and sentenced to undergo rigorous imprisonment for life under Section 302, IPC along with fine of Rs.50,000/- (Rupees fifty thousand) only and in default a further period of 1 years of simple imprisonment by the judgment dated 02.06.2022, and sentenced dated 08.06.2022, passed by the learned Sessions Judge, Morigaon in Sessions Case No.24/2015.

Considering the health condition of the applicant, this Court directed the learned Addl. PP, Assam to produce an updated medical report in respect to the applicant. Today, when the matter is called up, learned Addl. PP has furnished a medical report issued by the Medical and Health Officer District jail, Morigaon dated 31.05.2023, stating that the accused namely, Brajeswar Bordoloi is suffering from high blood pressure, continuous headache on the left side, migraine, mild chest pain and both knee joint pain. The applicant was referred to MCH and the GMCH, Guwahati for proper diagnosis and better treatment. The applicant is presently undergoing treatment under the supervision of the jail Page No.# 3/3

doctor. On the advice of the GMCH doctors, his blood pressure is being regularly monitored at the jail hospital. However, at present he is not doing well.

Accordingly, considering the health condition of the applicant, we grant interim bail of 2(two) months w.e.f the date of release of the applicant from the Morigaon District Jail. It is directed that the applicant shall surrender before the concerned jail authorities immediately on expiry of 2(two) months.

IA is accordingly allowed.

The medical report dated 31.05.2023 is placed on record.

                                    JUDGE                       JUDGE



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