Vill.- Digholipathar vs The State Of Assam And Anr
2025 Latest Caselaw 4001 Gua

Gauhati High Court

Vill.- Digholipathar vs The State Of Assam And Anr on 11 March, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                                  Page No.# 1/2

GAHC010210102023




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


                                       I.A.(Crl.)/122/2024

            MD. MOINAL ALI
            S/O MD. EBRAHIM ALI

            VILL.- DIGHOLIPATHAR
            P.S.- BORPATHAR
            DIST.- GOLAGHAT
            ASSAM.


             VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PP
            ASSAM


            ------------
            Advocate for : MR. P K MUNIR
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

11.03.2025

Heard Dr. B. N. Gogoi, learned counsel for the applicant and Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam. Also heard Mr. A S Choudhury, learned counsel appearing on Page No.# 2/2

behalf of Mr. Sarfraz Nawaz, learned Amicus Curiae for the respondent no. 2.

Dr. Gogoi has submitted that the petitioner has been suffering from throat cancer and this is the reason why he was transferred to Guwahati Jail from Diphu Jail.

According to Dr. Gogoi, on this ground only, the bail application of the application shall be considered so that he can get proper treatment.

The petitioner was convicted on 17.07.2023 by the learned Special Judge (POCSO), Karbing Anglong, Diphu in POCSO Case No. 32/2019. The applicant was sentenced undergo rigorous imprisonment for 5 (five) years with fine of Rs.10,000/- under the provisions of Section 8 of the POCSO Act. Since passing of the judgment the applicant Md. Moinal Ali has been in custody.

Considering the aforesaid circumstances, this court is of the opinion that the petitioner deserves to be released on bail so that he can get better treatment outside jail. Therefore, the sentence imposed upon the applicant by the learned Special Judge (POCSO), Karbi Anglong, Diphu in POCSO Case No. 32/2019 shall remain suspended till disposal of the connected appeal. The applicant Md. Moinal Ali, who is in jail in connection with judgment dated 17.07.2023 passed by the learned Special Judge (POCSO), Karbi Anglong, Diphu in POCSO Case No. 32/2019, is allowed to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Karbi Anglong, Diphu.

With the above, the interlocutory application is disposed of.

JUDGE

Comparing Assistant