Gauhati High Court
Kamal Dihingia vs The State Of Assam on 22 September, 2023
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GAHC010201482023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/849/2023
KAMAL DIHINGIA
S/O LATE BISWADHAR DIHINGIA, RESIDENT OF NOHAJAR,
KONWARGAON, PS BORBORUAH, DIST DIBRUGARH, ASSAM
VERSUS
THE STATE OF ASSAM,
REP. BY THE P.P., ASSAM.
Advocate for the Petitioner : MR. A C BURAGOHAIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 22.09.2023
(K.R. Surana, J)
Heard Mr. A.C. Buragohain, learned senior counsel, assisted by Mr. R.
Singh, learned counsel for the applicant. Also heard Ms. S. Jahan, learned APP
appearing for the State.
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2. By filing this application under section 389 Cr.P.C., the applicant, who
is a 75 years aged person has prayed for suspension of sentence ordered vide
judgment and sentence dated 07.02.2023, passed by the learned Additional
Sessions Judge (FTC), Dibrugarh in Sessions Case No. 158/2017, thereby
convicting the applicant for committing offence punishable under section
302/448 IPC and sentencing him to undergo life imprisonment along with fine
and default stipulation.
3. The learned senior counsel for the applicant has submitted that the
applicant is suffering from various ailments, which includes dysphagia,
degenerative lumbar spondylosis, multiple disc lesions, chronic kidney diseases
for last 6 (six) months and as per the medical opinion of orthopaedic surgeon on
25.01.2023, the applicant is suffering from "degen spine osteoporosis" and as
per the opinion of the radiologist, the applicant is also suffering from "chronic
cystitis".
4. Later on, during the period from 23.06.2023 to 26.06.2023, the
applicant was treated in the Assam Medical College and Hospital, Dibrugarh and
as per the doctors opinion dated 16.06.2023, the applicant was suffering from
Oesophagitis and Pangastritis. It is submitted that pursuant to the Court taking
notice of the said medical condition of the applicant by order dated 23.08.2023
passed in the connected appeal, had directed medical examination of the
applicant. It is submitted that the learned APP has produced the medical
documents of the applicant, which now diagnosis him with "low back ache" and
has been advised various investigation including Ultrasonography, UGI
Endoscopy and also for orthopaedic consultation. Accordingly, on the ground of
medical condition of the application, the learned senior counsel has prayed for
releasing the applicant on bail or to suspend his sentence.
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5. The learned APP has opposed the prayer made in this application.
6. As per the current status of the medical examination of the applicant
and as per the opinion of the doctors of Assam Medical College and Hospital,
Dibrugarh, who had examined the applicant on 20.09.2023 have opined that the
applicant is suffering from low back ache and there is loss of appetite. Rest
there is no history of dysphagia, melena and every parameters appears to be
normal. Nonetheless, considering the age of the applicant, who is stated to be
75 years and his medical condition as appears from the prescription and/or
patient record of Assam Medical College and Hospital, Dibrugarh, the Court is
inclined to provide that the Superintendent of Central Jail, Dibrugarh shall have
the health condition of the applicant monitored in every 2 (two) weeks and a
copy of the report of medical condition of the applicant is to be provided to his
family members. To facilitate the same, the Court is inclined to provide that one
family member of the applicant has to provide his phone number having
whatsapp to the Superintendent of Central Jail, Dibrugarh and/or email address,
by which the report of medical examination can be transmitted.
7. For the aforesaid purpose, the family members of the applicant is
permitted to produce a certified copy of this order before the Superintendent of
Central Jail, Dibrugarh.
8. Considering that the applicant is suffering from low back ache with no
other medical complications and also considering the fact that the applicant has
been awarded rigorous imprisonment for life, the Court is disinclined to release
the applicant by suspending the sentence.
9. Nonetheless, considering the age of the applicant, separate order has
been passed in the connected appeal for out of turn hearing.
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10. The medical report of the applicant is kept as a part of record.
11. This interlocutory application stands disposed of.
JUDGE JUDGE
Comparing Assistant
