Joydeb Doley vs The State Of Assam
2025 Latest Caselaw 7350 Gua

Gauhati High Court

Joydeb Doley vs The State Of Assam on 16 September, 2025

                                                                          Page No.# 1/3

GAHC010069102021




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

                                Case No. : I.A.(Crl.)/222/2021

            JOYDEB DOLEY
            S/O. LT. KALURAM DOLEY, R/O. TINGIRI GAON, P.S. GOGAMUKH, DIST,
            DHEMAJI.



            VERSUS

            THE STATE OF ASSAM
            REP. BY PP ASSAM

            2:SRI AJIT PEGU

             S/O-LT. BUDHESWAR PEGU
             R/O-VILL-TINGIRI GAON
             P.S.-GOGAMUKH
             DIST.-DHEMAJI
             ASSAM
             PIN -78703

Advocate for the Petitioner   : MR. A GANGULY, MR B TAID,MR. A DUTTA

Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ(R-2)




             Linked Case : CRL.A(J)/97/2019

            JOYDEB DOLEY
            S/O. LT. KALURAM DOLEY
             R/O. TINGIRI GAON
             P.S. GOGAMUKH
                                                                       Page No.# 2/3

           DIST
           DHEMAJI.


           VERSUS

          THE STATE OF ASSAM
          REP. BY PP
          ASSAM.

          2:SRI AJIT PEGU
          S/O-LT. BUDHESWAR PEGU
           R/O-VILL-TINGIRI GAON
           P.S.-GOGAMUKH
           DISTRICT-DHEMAJI
          ASSAM
           PIN -787034
           ------------
          Advocate for : MS. B SARMA
          AMICUS CURIAE
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM



                                   BEFORE
                 HON'BLE MR. JUSTICE SANJEEV KUMAR SHARMA
                                     ORDER

16.09.2025

Heard Mr. A Dutta, learned counsel for the petitioner. Also heard Mr. Sarfraz Nawaz, learned Amicus Curiae.

2. This I.A has been preferred seeking bail on behalf of the appellant who has been convicted under Section 376/366 IPC read with Section 4 of POCSO Act and sentenced to go undergo R.I for 10 years alongwith other sentences.

3. I have heard the learned counsel for the petitioner as well as the learned Addl. Public Prosecutor. Also heard Mr. Sarfraz Nawaz, learned Amicus Curiae for the informant.

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4. The main thrust of the argument of the learned counsel for the petitioner is that the petitioner has already served more than 6 & ½ years of the total sentence and as per decision of the Hon'ble Supreme Court in Saudan Singh vs. State of U.P, SPL (Crl.) No. 4633/2021, the petitioner is entitled to be considered for bail as he has served for more than 50% of the sentence.

5. I have perused the judgment in Saudan Singh (supra) wherein it has been noted by the Hon'ble Supreme Court that in case of convicts serving out sentences other than life sentences, the broad parameter of 50% of actual sentence undergone can be the basis for grant of bail.

6. Having regard to the above prayer for, bail is allowed. Petitioner shall be released on bail on a bond of Rs. 20,000/- (Rupees Two Thousand) only, with two sureties of like amount to the satisfaction of the learned Special Judge, POCSO, Dhemaji district.

7. I.A stands disposed of accordingly.

8. List the appeal for admission hearing.

JUDGE

Comparing Assistant