Gauhati High Court
Bipul Dey vs The State Of Assam on 2 June, 2025
Author: K.R. Surana
Bench: Kalyan Rai Surana, Malasri Nandi
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GAHC010115832025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/565/2025
BIPUL DEY
S/O- LATE ANIL DEY, R/O- VILL.- SUKANTA PATH, WARD NO. 2, P.S.
LANKA, DIST.- HOJAI.
VERSUS
THE STATE OF ASSAM
REP BY PP ASSAM
2:SRI PAPPU DEY
S/O- LATE PANNALAL DEY
R/O- WARD NO. 9
NETAJI ROAD
LANKA TOWN UNDER LANKA POLICE STATION
IN THE DISTRICT OF HOJAI
ASSAM
Advocate for the Petitioner : MR. K D SARMA, MR Z KAMAR
Advocate for the Respondent : PP, ASSAM, MR. A K BHUYAN
Linked Case : Crl.A./391/2019
BIPUL DEY AND 3 ORS.
S/O- LATE ANIL DEY
R/O- VILL.- SUKANTA PATH
WARD NO. 2
P.S. LANKA
DIST.- HOJAI.
2: ACHINTA DEY
S/O- LATE ANIL DEY
R/O- VILL.- SUKANTA PATH
WARD NO. 2
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P.S. LANKA
DIST.- HOJAI.
3: KRISHNA DEY
S/O- LATE ANIL DEY
R/O- VILL.- SUKANTA PATH
WARD NO. 2
P.S. LANKA
DIST.- HOJAI.
4: SRI PRANAB ASHISH DUTTA @ MUNNA
S/O- SRI HEMENDRA DUTTA
R/O- RANGMOHOLA
P.S. LANKA
DIST.- HOJAI.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY P.P.
ASSAM.
2:SRI PAPPU DEY
S/O- LATE PANNALAL DEY
R/O- WARD NO. 9
NETAJI ROAD
LANKA TOWN UNDER LANKA POLICE STATION
IN THE DISTRICT OF HOJAI
ASSAM.
------------
Advocate for : MR. A M BORA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 02.06.2025
(K.R. Surana, J)
Heard Mr. Z. Kamar, learned Senior counsel assisted by Mr. K.D. Sarma,
learned counsel for the applicant. Also heard Ms. N. Choudhury, learned counsel
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appearing for the private respondent No. 2 and Ms. A. Begum, learned
Additional Public Prosecutor for the State.
2. By filing this interlocutory application, the applicant who is the convict vide
judgment and sentence dated 28.08.2019 passed by the learned Additional
District and Sessions Judge, FTC, Hojai, Sankardev Nagar in Sessions Case No.
59/2015 and the appellant in the connected Criminal Appeal No. 391/2019 has
prayed for extension of bail, which was granted to the applicant by the Supreme
Court of India vide order dated 02.12.2024 passed in SLP(Crl.) No. 10927/2023.
3. The aforesaid order of the Supreme Court of India is quoted below-
"1. Leave granted.
2. The appellant stands convicted for the offence punishable under
Section 302 Indian Penal Code, 1860. Post conviction, he has suffered
incarceration for a little in excess of three years.
3. Due to his minor daughter's ailing physical condition (she is a cancer
patient), the appellant sought for temporary bail citing that the child
requires to be taken to Kolkata for treatment. He has granted interim bail.
4. The High Court by the impugned order dated 3 rd August, 2023
extended the period of interim bail granted earlier for a further period
from 8th August to 7th September, 2023. A direction followed that on 8 th
September, 2023, the appellant shall positively surrender before the
District Jail, Nagaon.
5. Pursuant to interim orders passed on the special leave petition, out of
which the criminal appeal arises, the appellant has been on bail since
then.
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6. Keeping in mind the fact that the child of the appellant is suffering from
a dreaded disease as well as the fact that his wife is also 45%
orthopedically handicapped and, therefore, not in a position to a
accompany the child for the purpose of her treatment at Kolkata, we have
considered it proper to pass the following direction:
(i) The appeal pending before the High Court, being Criminal Appeal No.
391 of 2019, is expedited. The High Court shall make sincere endeavour
to decide the same within six months from date.
(ii) Till such time the appeal is finally decided, the appellant shall continue
to remain on interim bail.
(iii) In the event, the appeal cannot be decided for some reason or the
other during the next six months, it shall be open to the appellant to
make a further prayer for extension of interim bail, granted hereby, before
the High Court which shall be considered in accordance with law.
7. The appeal stands disposed of on the aforesaid terms.
8. Pending application(s), if any, stand disposed of."
4. Referring to the medical documents annexed in the writ petition, the
learned Senior counsel for the applicant has submitted that as per instructions
received by him, the girl child of the applicant is still taking treatment for cancer
at Dr. B. Baruah Cancer Institute, Guwahati and in review checkup, she is
required to be taken to Kolkata. It is also submitted that the said child also
suffering from psychosocial disorder with behavioral modification.
5. It is further submitted that the wife of the applicant is 45% orthopedically
handicapped and therefore, not in a position accompany the girl child in medical
treatment.
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6. It is also submitted that the Supreme Court of India has provided that if
the connected appeal cannot be decided for some reason during the six months
from its order, it was open to the applicant to take a prayer for extension of bail.
7. The prayer for extension of bail is opposed by the learned Additional Public
Prosecutor as well as the learned counsel for the private respondent on the
ground that though the order of the Supreme Court of India was passed on
02.12.2024 but the said order was not bought to the notice of this Court in the
connected criminal appeal so as to enable this Court to make an endeavour to
dispose of the connected appeal within six months from the date of order of the
Supreme Court of India.
8. We take cognizance of the fact that although the order dated 02.12.2024
passed by the Supreme Court of India in SLP(Crl.)10927/2023, no attempt was
made by the applicant to bring the said order to the notice of this Court so as to
enable the Court to make an endeavour to dispose of the connected appeal
within six months time as observed in the said order dated 02.04.2024.
9. This Bench is in midst of hearing a series of 48 writ petitions, which is
being taken up on day to day basis. Therefore, hearing of the connected appeal
cannot be immediately taken up.
10. We also like to put on record that for the first time today, the order dated
02.012.2024, passed by the Supreme Court of India has been brought to the
notice of this Court. Therefore, being not aware of the said order, no endeavour
was made by this Court for an out-of-turn hearing for the connected appeal.
11. Be that as it may, separate orders have been passed in the connected
appeal for out-of-turn listing the matter for hearing.
12. Be that as it may, as the applicant is on interim bail, the Court is inclined
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to extend this bail till the next date of listing. However, on the next date of
listing the prayer for bail shall be considered on merit.
13. List on 12.06.2025.
JUDGE JUDGE
Comparing Assistant
