Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 1 September, 2025
Author: M. Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010202452016
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/313/2021
PRATAP PAUL AND ANR.
S/O. LATE ARJUN PAUL
2: PARIMAL PAUL
S/O. SRI PRATAP PAUL
BOTH ARE R/O. VILL. GOBARDHAN
GHORAMARA JANPAM
P.S. PRAGJYOTISHPUR
DIST. KAMRUPM(M)
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM
2:AJAY PAUL
S/O. LATE SUBAL PAUL
R/O. VILL. GOBARDHAN
GHORAMARA JANPAM
P.S. PRAGJYOTISHPUR
DIST. KAMRUP (M)
ASSAM
------------
Advocate for : MR. S C BISWAS
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
Linked Case : Crl.A./94/2016
SRI SIBA PAUL @ SIBU PAUL and 2 ORS
S/O SRI PRATAP PAUL
Page No.# 2/4
2: PRATAP PAUL
S/O LATE ARJUN PAUL
3: PARIMAL PAUL
S/O SRI PRATAP PAUL
ALL ARE R/O VILL. GOBARDHAN
GHORAMARA JANPAM
P.S. PRAGJYOTISHPUR
DIST. KAMRUPM
ASSAM
VERSUS
THE STATE OF ASSAM and ANR
2:AJAY PAUL
S/O LATE SUBAL PAUL
R/O VILL. GOBARDHAN
GHORAMARA JANPAM
P.S. PRAGJYOTISHPUR
DIST. KAMRUP M
ASSAM
Advocate for the Petitioner : MR.S C BISWAS, MR Z KAMAR,MR. F A HASSAN,MR. E
AHMED,MR. S BISWAS,MS.J BORAH
Advocate for the Respondent : MR.R SARMAR-2, MR.A D CHOUDHURY(R-2),PP,
ASSAM,MR.K K DEKA(R-2),MRK K BARMAN(R-2)
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
01.09.2025
(M. Zothankhuma, J)
Heard Mr. Z. Kamar, learned Sr. Counsel for the applicants, namely 1) Pratap
Paul and 2) Parimal Paul. Also heard Ms. B. Bhuyan, learned Addl. P.P., Assam
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appearing for the State.
2. Mr. Z. Kamar, learned Sr. Counsel for the applicants submits that the
Applicant No.1, Pratap Paul was 86 years of age at the time of filing of the
present I.A. (Crl.) No.313/2021. He accordingly submits that the sentence
inflicted upon the applicant No.1 under Sections 302/34 of the IPC, pursuant to
the judgment and order dated 11.01.2016, passed by the learned Addl. Sessions
Judge, No.2, Kamrup(M), Guwahati, should be suspended and the applicant
No.1, Pratap Paul should be released on bail. He also submits that the other
applicant, namely Parimal Paul has been declared a juvenile by this Court, in
terms of the juvenility report submitted by the Court of the learned Addl.
Sessions Judge, No.2, Kamrup(M), Guwahati, in terms of Section 94 of the
Juvenile Justice (Care and Protection of Children) Act, 2015, pursuant to the
ossification test done. He accordingly submits that as the applicant No.1, Pratap
Paul is approximately 91 years of age as on date, the applicant No.1 should be
released on bail in terms of the NALSA Scheme for grant of bail to Old Persons.
3. Ms. B. Bhuyan, learned Addl. P.P. submits that she leaves it to the wisdom
of the Court, as to whether the applicant No.1, Pratap Paul, should be released
on bail, keeping in view his age.
4. On considering the age of the applicant No.1, Pratap Paul to be
approximately 91 years of age and as he has been in judicial custody for the last
9 years, we are of the view that the applicant No.1, Pratap Paul should be
released on bail. Accordingly, the applicant No.1, Pratap Paul is released on bail,
on furnishing a bail bond of Rs.50,000/-, with one surety of like amount to the
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satisfaction of the learned Addl. Sessions Judge, No.2, Kamrup(M), Guwahati.
Consequently, the sentence inflicted on him is suspended.
5. The I.A. is accordingly disposed of.
JUDGE JUDGE
Comparing Assistant
