Pradunnya Shil vs Union Of India
2025 Latest Caselaw 3491 Gua

Gauhati High Court

Pradunnya Shil vs Union Of India on 25 February, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

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GAHC010049912024




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

                                 I.A.(Crl.)/251/2024

         PRADUNNYA SHIL
         S./O Late Rakhal Shil
         R/O Vill-Teliamura
         PS- Teliamura
         Dist-Khowai, Tripura


          VERSUS

         UNION OF INDIA
         REP. BY SC
         DRI.


         ------------
         Advocate for : MR P DAS
         Advocate for : SC
         DRI appearing for UNION OF INDIA



                                     I.A.(Crl.)/806/2024

         SULTAN ALI
         S/O RAFEZA ALI

         VILL.- KHONGRA
         P.O.- KHONGRA
         DIST.- BARPETA
         STATE- ASSAM.


          VERSUS
                                                                       Page No.# 2/3

            THE UNION OF INDIA AND ANR.
            REPRESENTED BY THE DRI

            2:NABARUN BHATTACHARYA

            SENIOR INTELLIGENCE OFFICE
            DRI
            GUWAHATI
            S/O LATE N.K. BHATTACHARJEE
            R/O KAHILIPARA
            P.S.- DISPUR
            DIST.- KAMRUP (M).
            ------------
            Advocate for : MR. M BISWAS
            Advocate for : SC
            DRI appearing for THE UNION OF INDIA AND ANR.




                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      ORDER

Date : 25.02.2025

Heard Mr. M.Biswas as well as Mr. P.Das, learned counsel appearing for the applicants in I.A. (Crl.)/251/2024 and I.A. (Crl.)/806/2024. Also heard Ms. M.Deka, learned counsel appearing on behalf of the Standing Counsel, DRI. Both the interlocutory applications are filed under Section 389 (2) of the Code of Criminal Procedure praying for suspension of sentence vide order dated 08.01.2024 passed by the learned Additional Sessions Judge No.1, Kamrup (M), Guwahati.

I have gone through the impugned Judgment.

The prayer of the applicants are allowed.

It is hereby directed that the order of sentence dated 08.01.2024 passed by the learned Additional Sessions Judge No.1, Kamrup (Metro) at Guwahati in NDPS Case No.82/2018 shall remain suspended till disposal of the connected Page No.# 3/3

appeals.

Both the applicants have already spent 6 years and 11 months of imprisonment that they were sentenced to undergo 10 years rigorous imprisonment.

Mr. M.Biswas, learned counsel has cited a Judgment of the Hon'ble Supreme Court in the case of Narcotic Control Bureau -vs- Lakhwinder Singh, reported in 2025 SCC Online SC 366, wherein in paragraph -5 (iii), it is held that whenever a convict undergoes half of the total imprisonment, he deserves to be released on bail.

For the aforesaid reasons, the appeals are allowed. The applicants namely, Pradunnya Shil and Sultan Ali shall be released on furnishing bail of Rs.25,000/-each with one surety each of like amount to the satisfaction of the learned Additional Sessions Judge No.1, Kamrup (M), Guwahati.

Both the interlocutory applications are accordingly disposed of.

JUDGE

Comparing Assistant