Gauhati High Court
Junmaya Sarki @ Maili vs The State Of Assam And Anr on 9 May, 2024
Author: Suman Shyam
Bench: Suman Shyam
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GAHC010271892023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/7/2024
JUNMAYA SARKI @ MAILI
W/O KRISHNA BAHADUR SARKI, VILL.- CHOTORONGMAILAI, P.S.-
MAHUR, DIST.- DIMA HASAO, HAFLONG, ASSAM, PIN- 788830.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P., ASSAM.
2:TEJ BAHADUR SUBBA
S/O LATE PADAM BAHADUR SUBBA
R/O CHANGSARI
P.S.- MAHUR
DIST.- DIMA HASAO
HAFLONG
ASSAM
PIN- 788830
Advocate for the Petitioner : MR Z ALAM
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./1/2024
JUNMAYA SARKI @ MAILI
W/O KRISHNA BAHADUR SARKI
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VILL.- CHOTORONGMAILAI
P.S.- MAHUR
DIST.- DIMA HASAO
HAFLONG
ASSAM
PIN- 788830.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM.
2:TEJ BAHADUR SUBBA
S/O LATE PADAM BAHADUR SUBBA
R/O CHANGSARI
P.S.- MAHUR
DIST.- DIMA HASAO
HAFLONG
ASSAM
PIN- 788830.
------------
Advocate for : MR Z ALAM
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
09.05.2024
(SUMAN SHYAM. J)
Heard Ms. S. Nazneen, learned counsel for the appellant/applicant and Ms. B.
Bhuyan, learned Senior Counsel & Additional Public Prosecutor, Assam assisted by Ms.
R. Das, learned counsel for the opposite party No. 1/ State. None appears on behalf of
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the informant.
This Interlocutory Application, arises out of Criminal Appeal No. 1/2024 filed by
the applicant as appellant, assailing the Judgment and Order dated 04.10.2023 passed
by the learned Sessions Judge, Dima Hasao, Haflong in connection with Sessions Case
No. 57/2018 convicting the accused/applicant/appellant under Section 302 of IPC and
sentencing her to undergo Imprisonment for life and also to pay a fine of Rs. 5,000/-
(Rupees five thousand) with default stipulation.
The applicant is presently lodged in the Haflong Sub-Jail in the Dima Hasao
District. By filing the present I.A., the applicant is invoking the jurisdiction of this Court
under Section 389 of Cr.P.C., praying for suspension of her jail sentence and also to
allow her go on bail.
The State has filed objection opposing the prayer for grant of bail made by the
applicant. The Interlocutory Application is still pending disposal before this Court.
However, during the pendency of the Interlocutory Application, the applicant has come
up with a medical ground seeking bail due to her deteriorating health condition,
although, such a ground has not been specifically taken at the time of filing the
Interlocutory Application.
Taking note of the aforesaid ground, this Court had passed order dated
30.04.2024 requiring the Superintendent of Haflong, Sub-Jail to submit a report as
regards the health condition of the applicant.
Accordingly, Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam has
produced the report dated 06.05.2024, a perusal of which, goes to show that the
applicant is suffering from diabetic mellitus with neuropathy and therefore, is in
requirement of regular medical treatment as otherwise, her health condition might
worsen.
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Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, has however, not
spelt out the stand of the State on the prayer made in the Interlocutory Application,
although she has supported the projection made in the report dated 06.05.2024
submitted by the Superintendent, Haflong Sub Jail.
If that be so, there cannot be any doubt about the fact that the applicant is in a
need of urgent medical treatment which will not be possible inside the Sub-Jail
premise at Haflong. We therefore, direct the Superintendent, Haflong Sub-Jail to make
immediate necessary arrangement for getting the applicant admitted in the nearest
Medical College Hospital for undergoing treatment for the disease suffered by her.
Upon completion of her treatment, the applicant be taken back to the jail. During this
period, she will be treated to be in the custody of the Jail Superintendent, Haflong,
Sub-Jail.
The application for bail made by the applicant shall be considered upon receipt of
a fresh report regarding her health condition, pursuant to the treatment received by
her in terms of this order. However, it is made clear that the present order is a purely
temporary measure, taking into account the medical ground urged by the applicant
and shall have no bearing in the outcome of the Interlocutory Application filed by the
applicant on merit.
Let this matter be listed again after a month.
A copy of this order be furnished to Ms. B. Bhuyan, learned Additional Public
Prosecutor, Assam during the course of the day.
JUDGE JUDGE
Comparing Assistant
