Diganta Das vs The State Of Assam And Anr
2024 Latest Caselaw 241 Gua

Gauhati High Court

Diganta Das vs The State Of Assam And Anr on 12 January, 2024

Author: M. Zothankhuma

Bench: Michael Zothankhuma, Malasri Nandi

                                                                      Page No.# 1/3

GAHC010009002024




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

                                 Case No. : I.A.(Crl.)/53/2024

            DIGANTA DAS
            S/O SRI DHARESWAR DAS,
            RESIDENT OF VILLAGE BIHDIA, PS NALBARI, PO KARIA, 781339, DIST
            NALBARI, ASSAM



            VERSUS

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

            2:VICTIM
             D/O SRI PRAHLAD DAS
             RESIDENT OF VILLAGE NALBAI PS NALBARI
             PO KARIA
             781339
             DIST NALBARI
            ASSA

Advocate for the Petitioner   : MR. P K DAS

Advocate for the Respondent : PP, ASSAM




                             BEFORE
           HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
              HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Page No.# 2/3

12.01.2024 (M. Zothankhuma, J)

Heard Mr. A Ganguly, learned counsel for the applicant. Also heard Mr. K Baishya, learned Additional Public Prosecutor, Assam.

This is an application under Section 389(1) Cr.P.C., for release of the applicant on temporary bail on humanitarian ground due to the death of his father, who expired on 16.12.2023. He submits that in the applicant's community the shradha ceremony is to be held after a month of the death of the applicant's father, which in this case is to be held on 19.01.2024. He accordingly prays that the applicant be released on temporary bail to enable him to attend the shradha ceremony.

Mr. K Baishya, learned Additional Public Prosecutor submits that he had made an enquiry from the Nalbari Police Station over telephone and found that the applicant's father had expired and accordingly a shradha ceremony is going to take place. He further submits that he does not have any objection to grant temporary release of the applicant for two days for attending the shradha ceremony.

We have heard the learned counsels for the parties.

The applicant had been convicted by the Court of the learned Special Judge (POCSO) Nalbari, vide judgment and order dated 11.11.2022 in SPL(P) Case No.15/2020, under Section 6 of the POCSO Act and sentenced to undergo simple imprisonment for 20 years and to pay a fine of Rs.30,000/-, in default simple imprisonment for 6 months.

The applicant while filing the appeal had also filed an earlier application, Page No.# 3/3

being IA(Crl)19/2023 under Section 389(1) Cr.P.C., for suspending the sentence and releasing the applicant on bail. The same, however, was rejected by this Court vide order dated 15.02.2023.

The present IA(Crl) No.53/2024 has been made only on the ground that the applicant be allowed to attend the shradha ceremony, which is to be held on 19.01.2024.

On considering the issue involved and keeping in view the submission of the learned Additional Public Prosecutor, we are of the view that the applicant should be allowed to attend the shradha ceremony for a temporary period and on humanitarian ground only.

Accordingly, in the peculiar facts and circumstances of the case, we allow the applicant to be released from jail to attend the shradha ceremony of his father to be held on 19.01.2024. Accordingly, the learned CJM Nalbari is directed to release the applicant, namely, Diganta Das from jail, under police protection/custody, on the morning of 19.01.2024 at around 9.a.m, to enable him to attend the shradha ceremony of his father and he should be taken back to judicial custody by 4 p.m. on the next day i.e. on 20.01.2024.

This application is accordingly disposed of.

                                            JUDGE                         JUDGE




Comparing Assistant