Citation : 2025 Latest Caselaw 9155 Gua
Judgement Date : 9 December, 2025
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GAHC010221162025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3221/2025
MD RAHIM ALI
S/O MD. SAHABUDDIN ALI, VILL- UTTAR KHARIA JUNGLE, MOUZA-
HARISINGA, P.O.- HATIGARH, P.S.- PANERI, PIN- 784524, DIST- UDALGURI,
ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R C SAIKIA, MR. J P BARUAH,MS M SHARMA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
ORDER
Date : 09-12-2025
Heard Mr. R.C Saikia, learned counsel assisted by Ms. M. Sharma, learned for the petitioner. Also heard Mr. K. Das, learned Addl. P.P for the State.
The learned Addl. P.P submits that the CD is available However, nothing further against the petitioner is reflected on the CD upto 16.10.2025, the situation remains as it was on 22.10.2025.
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By the order dated 22.10.2025, this Court had gone through the CD and the submissions made and had also referred to the different judgments and had deem it fit to grant interim bail to the accused to a period of 6 weeks to enable him to undergo the surgery indicated in the medical certificate produced by the petitioner.
Mr. R.C Saikia, learned Sr. counsel for the petitioner has submitted that by the prescription dated 09.12.2025 has referred to the advice slip issued by the GMC & Hospital, Guwahati which reflects that the patient has been visited the aforesaid hospital on 05.12.2025 and has been prescribed certain medicines even on 09.125.2025 to prepare him for the surgery. The petitioner has been advice to stay under rest for 10 days before the surgery.
In view of the above projections made, this Court deems it fit to make the interim bail granted the bail to the petitioner on 22.10.2025 absolute to the extent that the same shall remained in force till the petitioner undergoes the surgical procedure recommended by the Medical authorities. The petitioner shall within 7 days after the surgical procedure appear before the learned Trial Court on which day, the learned Trial Court shall consider whether the petitioner can be allowed to remain on the bail granted or not the same is required to be revoked. It is further submitted that in case, the petitioner does not require to undergo surgical after the treatment now be taken, in that case he shall report to the learned Trial Court on or before 14.02.2026 on which day, the learned Trial Court shall consider the requirement of continuance or otherwise of the bail been granted.
Accordingly, this bail application stands disposed of.
JUDGE
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