Gauhati High Court
Brajeswar Bordoloi vs The State Of Assam And Anr on 28 June, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/4
GAHC010127132024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/603/2024
BRAJESWAR BORDOLOI
S/O LATE SURATH BORDOLOI, VILLAGE KALIAJARI, PS MORIGAON, DIST
MORIGAON, ASSAM 782105
VERSUS
THE STATE OF ASSAM AND ANR
REP 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 A ATREYA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 28.06.2024
[Manish Choudhury, J.]
Heard Mr. D.K. Bhattacharyya, learned counsel for the applicant-appellant and Mr. K.K.
Das, learned Additional Public Prosecutor for the opposite party no. 1, State of Assam.
2. The applicant-appellant is serving sentence of life imprisonment pursuant to a
Judgment dated 02.06.2022 and an Order on sentence dated 08.06.2022 passed by the
learned Sessions Judge, Morigaon in Sessions Case no. 24/2015 [State of Assam vs.
Brajeswar Bordoloi and others]. By the Judgment and Order, the applicant-appellant along
with two others, has been convicted for the offence of murder under Section 302, Indian
Penal Code [IPC]. The applicant-appellant has been sentenced to undergo rigorous
imprisonment for life and to pay fine Rs. 50,000/-, with default stipulation. Assailing the said
Judgment and Order, the applicant as the appellant has preferred the accompanying criminal
appeal, Crl. Appeal no. 204/2022, which has already been admitted for hearing on
02.09.2022.
3. The instant interlocutory application under Section 389, Code of Criminal Procedure,
1973 is preferred seeking suspension of the execution of the sentence passed against the
applicant-appellant and for his release on bail. The main ground urged in this application is
that the health condition of the applicant-appellant, who is aged about more than 75 years
and is in incarceration for about 2 [two] years, has been deteriorated to a considerable
extent.
4. It has been averred that the applicant-appellant has a history of suffering cerebro-
vascular accident [stroke] while he is in detention. At an earlier point of time, the applicant-
appellant had approached this Court by an interlocutory application, I.A.[Crl.] 469/2022
seeking similar prayer. On that occasion, this Court had granted benefit to the applicant-
appellant in the form of temporary bail, initially on 05.06.2023 for a period of two months,
which was later on extended upto 08.09.2023. The applicant-appellant had finally
surrendered on 08.09.2023.
5. It has been averted on and from 18.06.2024, the health condition of the applicant-
appellant has been deteriorating. It is submitted that the applicant-appellant was brought for
treatment in Swahid Tilak Hemram Gunabhiram Civil Hospital [Civil Hospital], Morigaon on
18.06.2024. Later on, he had to be admitted therein as an indoor patient on 20.06.2024.
Referring to a Medical Report dated 22.06.2024 issued by the Senior Medical & Health Officer,
Civil Hospital, Morigaon, it is stated that the applicant-appellant has suffered a cerebro-
vascular accident [stroke] again and for its treatment and his deteriorating health condition,
he is required to obtain treatment at a health facility having better facilities, like Gauhati
Medical College & Hospital [GMC&H].
6. In view of such projections made on behalf of the applicant-appellant, learned
Additional Public Prosecutor was asked to obtain a report from the Superintendent, Civil
Hospital, Morigaon as regards the current health status of the applicant-appellant. The
learned Additional Public Prosecutor was asked to obtain instruction from the Superintendent,
Civil Hospital, Morigaon on the following points - [a] the nature of medical complication
suffered by the applicant-appellant; [b] the present health status of the applicant-appellant;
[c] the kind of medical treatment which is necessary to restore the health condition on the
applicant-appellant; and [d] whether such kind of medical treatment is available in Civil
Hospital, Morigaon and if not, where such kind of medical treatment can be availed.
7. Mr. Das, learned Additional Public Prosecutor has placed a copy of a report dated
28.06.2024 from the Superintendent, Civil Hospital, Morigaon enclosing therewith a Medical
Report from the Senior Medical & Health Officer, Civil Hospital, Morigaon of even date. In the
Medical Report submitted by the Senior Medical & Health Officer, Civil Hospital, Morigaon, the
followings are reported :-
Followings are same clarification regarding the patient :-
[a] the patient is suffering from cerebro-vascular accident;
[b] presently though the patient is conscious but in having slurring of
voice with severe dizziness and unable to stand or move;
[c] he needs Neurological consultation with proper investigation; and
[d] as Neurology Department & such investigation facilities are not
available in our hospital are not available in our hospital, he may
get all facilities & treatment in Guwahati Medical College &
Hospital.
8. Having regard to the above observations made by the Senior Medical & Health Officer,
Civil Hospital, Morigaon in his Medical Report dated 28.06.2024, we deem it fit and proper,
considering the present medical condition of the applicant-appellant and his advanced age, to
observe that the Jail Superintendent, Morigaon Jail shall make immediate steps for admitting
the applicant-appellant in the Gauhati Medical College & Hospital for his medical treatment. It
is further observed that the period of such medical treatment of the applicant-appellant in the
Gauhati Medical College & Hospital is to be treated as under the custody of the Jail
Superintendent, Morigaon Jail.
9. During the treatment of the applicant-appellant in the GMC&H, the authorities in the
GMC&H may allow the applicant-appellant the benefit of a family attendant.
10. Let the case be posted again on 16.07.2024.
11. The learned Additional Public Prosecutor is to obtain a report as regards the medical
treatment extended to the applicant-appellant and the health condition of the applicant-
appellant from the Gauhati Medical College & Hospital on the next date of listing for the
purpose of further consideration of this application.
12. A copy of this order is to be supplied to Mr. Das, learned Additional Public Prosecutor to
enable him to take the necessary steps from his end.
JUDGE JUDGE
Comparing Assistant
