Gauhati High Court
Jakir Hussain vs The Union Of India on 15 October, 2025
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GAHC010163802025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/796/2025
JAKIR HUSSAIN
S/O. MD ABDUL SALAM
R/O. VILL.- PURLIA SARKARI BARI
RATABARI PART-I
P/S. RATABARI
DIST. SRIBHUMI
ASSAM.
VERSUS
THE UNION OF INDIA
REP. BY THE PP
NCB
GUWAHATI
ASSAM
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Advocate for : MR. Y S MANNAN
Advocate for : SC
NCB appearing for THE UNION OF INDIA
BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
15.10.2025
1. Heard Mr. Y.S. Mannan, learned counsel for the appellant. Also heard Ms. N.
Kakati, learned counsel for the NCB.
2. This is an application filed under Section 430, of the BNSS, 2023 praying for
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suspension of sentence passed by the Court of Special Judge (NDPS),
Kamrup(M), Guwahati in NDPS Case No. 29/2020 and to allow the applicant to
go on subsequent bail.
3. Mr. Y.S. Mannan argues only one ground for the suspension of sentence and
the subsequent bail and that is the half of the sentence in case of the applicant
has been served by the said applicant. It is stated here that the applicant is
convicted under Section 21(c) of the NDPS Act and was sentenced to undergo
rigorous imprisonment for 10 years with fine and default stipulation.
4. Mr. Mannan refers to Section 479 of the BNSS, 2023 which provides that
when a person, during the period of investigation enquiry or trial of offence
under any law, undergoes detention for the period extending upto one half of
the maximum period of the imprisonment specified for that offence, he shall be
released by the court on bail. He submits that although in the provision the bail
is to be granted to an under trial prisoner however, the same has been extended
to in case of appeal or revision also. For that he places the judgment passed by
the Apex Court in Satender Kumar Antil vs. CBI and Others reported in
(2022) 10 SCC 51 in which the Apex Court in paragraph 46 had observed that
the word trial should be given an extended meaning by including an appeal
which is pending disposal. In the instant case Mr. Mannan submits that the
applicant has been sentenced to rigorous imprisonment for 10 years and the till
date he has been inside the jail for 6 years 1 month serving his sentence, as
such, he submits that the applicant has been inside the jail for more than one
half for the period of imprisonment inflicted upon him by the said judgment. As
such he has prayed that by virtue of Section 479 the petitioner may be released
on bail by suspending the sentence inflicted upon him.
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5. Ms. Kakati appearing for the NCB however has placed 3 judgments as
follows:
(i) State of Punjab vs. Rakesh Kumar reported in (2019)
2 SCC 466
(ii) Lilaben vs. State of Gujarat & Anr. reported in (2025)
0 AIR (SC) 2096
(iii) The State Narcotics Control Bureau vs. Lokesh
Chadha reported in (2021) 5 SCC 724
6. By placing the said decision the learned counsel appearing for the NCB has
argued that no person should be released on bail unless the public prosecutor is
given an opportunity to oppose the bail application and that reasonable ground
exist for believing that the accused person is not guilty of such offence as
provided under Section 37 of the NDPS Act. She had also placed the judgment
in order to bring into the fray the contours laid down by the Hon'ble Court in
allowing bail in specific cases.
7. It is observed that the applicant has in fact been inside the jail for more than
half of the sentence inflicted upon him by the aforesaid judgment and order
dated 28.05.2025 passed by the Court of Special Judge (NDPS), Kamrup(M),
Guwahati, Assam and by taking recourse to Section 479 of the BNSS, 2023 this
court finds it fit that the petitioner may be released on bail on furnishing of a
bail bond of Rs. 30,000/- with 2 local surety of the like amount to the
satisfaction of the trial court, by suspending the sentence imposed upon him.
JUDGE
Comparing Assistant
