Jitumoni Mahanta vs The State Of Assam
2025 Latest Caselaw 2445 Gua

Gauhati High Court

Jitumoni Mahanta vs The State Of Assam on 29 January, 2025

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GAHC010133722022




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

                              Case No. : I.A.(Crl.)/34/2025


             JITUMONI MAHANTA
             S/O LATE UPEN CH. MAHANTA
             RESIDENT OF VILLAGE BAGAR GAON
              CHIPAHA SATRA
              PS TITABAR
              DIST JORHAT
              ASSAM



             VERSUS

             THE STATE OF ASSAM

             REPRESENTED BY PP ASSAM


             ------------
             Advocate for : MR. T J MAHANTA
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                       ORDER

29.01.2025

1. Heard Mr. T. J. Mahanta, learned Senior Counsel assisted by Ms. P. Page No.# 2/3

Bhattacharya, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent.

2. The present application is filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for release of the petitioner/accused namely, Sri Jitumoni Mahanta, on bail.

3. The present petitioner was convicted under Section 376(1) IPC and sentenced to undergo Rigorous Imprisonment for 10(ten) years and fine of Rs. 1,00,000/- (one lakh) and in default further Simple Imprisonment for 2 (two) years by the learned Sessions Judge, Morigaon in Sessions Case No. 76/2015 under its Judgment and Order dated 11.05.2022 and 13.05.2022 and since the date of conviction, the petitioner is in jail for near about 3 (three) years.

4. Though different grounds were urged, however, Mr. Mahanta, learned Senior Counsel has specifically urged for bail on the ground of deteriorated health condition of the petitioner. It is contended by Mr. Mahanta, learned Senior Counsel that the petitioner had donated his left kidney to his brother in the year 2014 and at present, he is facing different medical issues.

5. Referring to different recent reports, Mr. Mahanta, learned Senior Counsel submits that his condition of spine is not so good, he is also having some eye problems and MRI of Brain reflects cerebral atrophic changes. Accordingly, Mr. Mahanta, learned Senior Counsel submits that the petitioner want to have a better treatment in a private hospital and accordingly, for that purpose, he may be allowed to go on bail.

6. Mr. Lahkar, learned Additional Public Prosecutor for the State respondent submits that as the offences are serious and the sentence is for a period of 10 (ten) years, the State may be granted some opportunity to file objection inasmuch as a report may be called for from the concerned Jail Authority as Page No.# 3/3

regards present health status of the present petitioner.

7. This Court is also of the view that such prayer should be allowed.

8. Accordingly, the matter stands adjourned and be listed on 10.02.2025 and in the meantime, objection may be filed and the learned Additional Public Prosecutor shall obtain instruction from the Jail Authority/Jail Doctor as regards present health condition of the petitioner and availability of expert treatment in this regard.

9. List this matter on 10.02.2025.

JUDGE

Comparing Assistant