Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 28 September, 2023
Page No.# 1/4
GAHC010219452023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/933/2023
PRADIP LAKRA AND 4 ORS.
S/O BISWANATH LAKRA, VILL.- MADHYAM DAKHINGAON, P.O. AND P.S.-
RUNIKHATA, IN THE DISTRICT OF CHIRANG, ASSAM,PIN- 783375.
2: SUNIL KUJUR @ MAGURU
S/O BOWA KUJUR
VILL.- MADHYAM DAKHINGAON
P.O. AND P.S.- RUNIKHATA
IN THE DISTRICT OF CHIRANG
ASSAM
PIN- 783375
3: HEMANTA MINZ
S/O MOHADEV MINZ
VILL.- DAKHIN DAKHINGAON
P.O. AND P.S.- RUNIKHATA
IN THE DISTRICT OF CHIRANG
ASSAM
PIN- 783375.
4: BIKRAM KHALKO
S/O BARU KHALKO
VILL.- MADHYAM DAKHINGAON
P.O. AND P.S.- RUNIKHATA
IN THE DISTRICT OF CHIRANG
ASSAM
PIN- 783375.
5: BIKRAM TIGGA
S/O LATE JHARIA TIGGA
VILL.- MADHYAM DAKHINGAON
P.O. AND P.S.- RUNIKHATA
IN THE DISTRICT OF CHIRANG
ASSAM
Page No.# 2/4
PIN- 783375
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P., ASSAM.
2:SRI KAMALESWAR TOPPO
S/O SUKRA TOPPO
VILL.- DAKHIN DAKHINGAON
P.O. AND P.S.- RUNIKHATA
IN THE DISTRICT OF CHIRANG
ASSAM
PIN- 78337
Advocate for the Petitioner : MR. M KALITA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 28.09.2023
(M. Zothankhuma, J)
Heard Mr. A. Ahmed, learned counsel for the applicant, who submits that
the last rites (Aadyashardha) Ceremony relating to the deceased father of the
applicant No. 4 is to be held on 30.09.2023 and he accordingly prays that
interim bail/conditional bail may be granted to the applicant No. 4, to enable
him to participate in the said Ceremony.
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Ms. B. Bhuyan, learned Additional Public Prosecutor, submits that the
applicant No. 4 may approach the jail authorities under Assam Prison (Leave
and Emergency Release) Rules, 1968, for release on conditional bail to enable
him to participate in the Ceremony.
Mr. Ahmed, learned counsel for the applicant, submits that the applicant
would not be in a position to approach the authorities on time, as tomorrow is
Friday and the Ceremony is to be held on Saturday, i.e. on 30.09.2023.
On perusing the application submitted by the respondent No. 4 and the
other applicants, praying for suspension of the sentence passed by the learned
Sessions Judge, Chirang, Kajalgaon, Assam, in connection with the judgment
dated 30.01.2023, in Sessions Case No. 08/2021, by which the applicants have
been convicted under Sections 302/34 of the Indian Penal Code, we are of the
view that the prayer of the applicant No. 4 for conditional release on bail cannot
be decided at this stage, in view of the application having been filed only on
27.09.2023, thereby giving no time to the learned Additional Public Prosecutor
to submit a written objection.
On consideration of the above facts and circumstances, we are of the view
that the Superintendent of District Jail, Kokrajhar, shall arrange an escort party,
to take the applicant No. 4- Shri Bikram Khalko to his residence, to enable him
to participate in the last rites (Aadyashardha) ceremony of his deceased father
to be held on 30.09.2023, in between 8.00 a.m. to 3.00 p.m.
The jail authorities shall take adequate steps to ensure that the applicant
No. 4 does not abscond during the time he is out of the jail premises.
A copy of this order shall be furnished by the applicant to the concerned
jail Superintendent for necessary compliance.
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The interlocutory application stands disposed of in terms above directions.
JUDGE JUDGE
Comparing Assistant
