Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 18 March, 2025
Page No.# 1/4
GAHC010007282025
2025:GAU-AS:2886
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 the Petitioner : MR. T J MAHANTA, MS. P BHATTACHARYA,MR T GOGOI,MR.
A BORUA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 18.03.2025
Heard Mr. T. J. Mahanta, learned Senior Counsel assisted by Mr. T. Gogoi,
learned counsel for the applicant. Also heard Mr. P. Borthakur, learned Additional
Public Prosecutor for the State respondent.
Page No.# 2/4
2. This is an application under Section 430 of the BNSS, 2023 praying for
suspension of sentence and to allow the convict/ applicant to go on bail till
disposal of the connected criminal appeal.
3. It is to be mentioned here that the applicant had already preferred an
appeal, being Crl. A. No. 159/2022, against the judgment and order dated
11.05.2022 and 13.05.2022, passed by the learned Sessions Judge, Morigaon in
Sessions Case No. 76/2015, whereby the applicant has been convicted under
Section 376(1) of the Indian Penal Code and sentenced him to undergo R.I. for
10 (ten) years and to pay fine of Rs. 1,00,000/- and in default to undergo
further S.I. for 2 (two) years.
4. Mr. Mahanta, learned Senior Counsel for the applicant, submitted that
there are sufficient grounds for succeeding in the connected appeal which has
been filed against the impugned judgment and order dated 11.05.2022 and
13.05.2022, passed by the learned Sessions Judge, Morigaon in Sessions Case
No. 76/2015. Further he submitted that the applicant has been in custody for
last 2 years, 10 months and 7 days and presently his health condition is
deteriorated as he is facing some neurological disorder and apart from that, he
has been diagnosed with C4-C5 myclomalacid changes and cerebral atrophic
changes and his right eye vision is severely diminished requiring higher eye
treatment. Further he submitted that the accused is also physically weak as he
already donated one of his kidneys to his brother in the year 2014. Accordingly,
he submitted that though there are sufficient grounds brought in the connected
appeal, but without going into detail of the merit of the case, the present
Page No.# 3/4
application for bail may be allowed considering the urgent medical ground of the
applicant and he is ready to furnish genuine surety as well as to abide by all the
terms and conditions. More so, he submitted that during the entire trial, the
applicant was on bail and he never jumped over any condition of bail.
5. Mr. Borthakur, learned Additional Public Prosecutor, submitted in this
regard that the State has not filed any written objection at this stage. However,
he submitted that only considering the medical ground, as revealed from the
report submitted by the Jail Superintendent, the State has no objection if the
prayer of the present applicant is considered.
6. After hearing the submissions made by the learned counsels for both
sides, I have also perused the materials available on record, viz-a-viz the
medical report of the applicant submitted by the Superintendent of Jail,
Morigaon, and it is seen that the applicant is suffering from neurological
disorder and he has been diagnosed with C4-C5 myclomalacid changes and
cerebral atrophic changes and his right eye vision is severely diminished
requiring higher eye treatment. More so, as submitted by the learned counsel
for the applicant, the applicant is a physically weak person as he already
donated one of his kidneys to his brother in the year 2014.
7. In view of above, without going into the detail of the merit of the case and
only considering the medical ground of the present applicant, which seems to
be urgent ground, I find it appropriate to allow this interlocutory application.
Accordingly, the operation of the impugned judgment and order dated
11.05.2022 and 13.05.2022, passed by the learned Sessions Judge, Morigaon in
Page No.# 4/4
Sessions Case No. 76/2015, stands suspended till disposal of the connected
appeal, being Crl. A./159/2022.
8. Further, the applicant is hereby allowed to go on bail on his executing a
bond of Rs. 30,000/- (Rupees thirty thousand) only with one surety of like
amount to the satisfaction of the learned Sessions Judge, Morigaon, Assam.
9. In terms of above, this interlocutory application stands disposed of.
JUDGE
Comparing Assistant
