Bipul Dey vs The State Of Assam And Anr
2023 Latest Caselaw 2209 Gua

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GAHC010237902022




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

                                Case No. : I.A.(Crl.)/760/2022

            BIPUL DEY
            S/O- LATE ANIL DEY, R/O- VILL.- SUKANTA PATH, WARD NO. 2, P.S.
            LANKA, DIST.- HOJAI, ASSAM



            VERSUS


            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:SRI PAPPU DEY

             S/O- LATE PANNALAL DEY

             R/O- WARD NO. 9

             NETAJI ROAD

             LANKA TOWN UNDER LANKA POLICE STATION

             IN THE DISTRICT OF HOJAI

             ASSAM

Advocate for the Petitioner   : MR Z KAMAR

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

                                      ORDER

Date : 26.05.2023 (Lanusungkum Jamir, J)

Heard Mr.Z.Kamar, learned senior counsel appearing for the applicant. Also heard Ms.B.Bhuyan, learned Addl. PP, Assam and Mr.A.K.Bhuyan, learned counsel for the respondent No.2.

The applicant as appellant had filed Criminal Appeal No.391 of 2019, challenging the judgment dated 28.08.2019, passed by the Learned Additional District and Sessions Judge, Hojai, Assam in Sessions Case No.59 of 2015, under Section 304/34 IPC by which he 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 to suffer simple imprisonment for 6(six) months.

The case of the applicant in the present application is that his daughter, namely, Priya Dey who is aged about 13(thirteen) years is suffering from "Non- Hodgkins Lymphoma"/Cancer and is undergoing treatment in Dr. Bhubaneswar Borooah Cancer Institute, Guwahati. The applicant intends to take his daughter to Kolkata for further treatment of his daughter and therefore, the present application has been filed praying for interim bail.

The applicant had earlier approached this Court on several occasions wherein, interim bail was given from time to time. The last bail was given by the Hon'ble Supreme Court on 09.07.2021 till 16.08.2021 and directed the applicant to surrender before the concerned jail authorities on 17.08.2021.

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After hearing the parties, and on consideration of the health condition of the daughter of the applicant as well as her welfare, we accordingly, grant interim bail for a period of 2(two) months w.e.f the date the applicant is released from jail. Thereafter, on expiry of 2(two) months, he shall surrender himself to the concerned jail authorities forthwith.

I.A is accordingly allowed.

                                    JUDGE                    JUDGE



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