[Cites 6, Cited by 0]
Gauhati High Court
Page No.# 1/6 vs The State Of Assam on 28 January, 2026
Author: M. Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/6
GAHC010013172026
2026:GAU-AS:922-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/49/2026
SAJAL NATH
S/O - LT SUDHIR NATH R/O - VILL. - MUKTACHERRA PART IV, P.S. - LALA,
DIST. - HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM
REP BY PP ASSAM
2:ARATHI NATH
W/O - RABINDRA KUMAR NATH
R/O - WARD NO. 2
RAJMOHAN SARANI
UMEDNAGAR
NEAR BLOC ELEMENTARY OFFICE
P.S. - LALA
DIST. - HAILAKANDI
ASSAM
PIN - 78816
Advocate for the Petitioner : MR A K BORO, MR. S MITRA,MR S.MITRA,MR. R.
RAMEEZ,MR. N BARDOLOI
Advocate for the Respondent : PP, ASSAM, S. M. ZINNA(R-2),MR. A M BARBHUIYA (R-2),MS A
BEGUM(R-2),MS S R MAZARBHUIYA(R-2)
Page No.# 2/6
Linked Case : Crl.A./54/2025
SUMANTA NATH AND 4 ORS
S/O MAHENDRA KR. NATH
VILL. - MUKTACHERRA PART IV
P.S. - LALA
DIST. - HAILAKANDI
ASSAM
2: ASHISH NATH
S/O - LT ANANDA MOHAN NATH
R/O - VILL. - MUKTACHERRA PART IV
P.S. - LALA
DIST. - HAILAKANDI
ASSAM
3: SUMESH NATH
S/O SUMANTHA NATH
R/O - VILL. - MUKTACHERRA PART IV
P.S. - LALA
DIST. - HAILAKANDI
ASSAM
4: SAJAL NATH
S/O - LT SUDHIR NATH
R/O - VILL. - MUKTACHERRA PART IV
P.S. - LALA
DIST. - HAILAKANDI
ASSAM
5: ANANDA MOHAN NATH
S/O - LT MAHENDRA MOHAN NATH
R/O - VILL. - MUKTACHERRA PART IV
P.S. - LALA
DIST. - HAILAKANDI
ASSAM
VERSUS
Page No.# 3/6
The State of Assam and Anr
REPRESENTED BY PP
ASSAM
2:ARATHI NATH
W/O - RABINDRA KUMAR NATH
R/O - WARD NO. 2
RAJMOHAN SARANI
UMEDNAGAR
NEAR BLOC ELEMENTARY OFFICE
P.S. - LALA
DIST. - HAILAKANDI
ASSAM
PIN - 788163
------------
Advocate for : AOMAN KHUNGKHRA BORO
Advocate for : PP
ASSAM appearing for The State of Assam and Anr
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 28-01-2026
(M. Zothankhuma, J)
Heard Mr. S. Mitra, learned counsel for the applicant. Also heard Ms. B.
Bhuyan, learned Sr. Counsel and Addl. P.P., Assam. Ms. A. Begum, learned
counsel appears for the respondent No.2.
2. This is an application under Section 430 read with Section 528 BNSS, 2023
for suspension of the sentence inflicted upon the applicant vide the sentence
order dated 16.11.2024, passed pursuant to the judgment dated 14.11.2024 by
the Court of the learned Addl. Sessions Judge, Hailakandi in Sessions Case
No.79/2015, by which the applicant has been convicted under Sections 148,
Page No.# 4/6
324/149, 325/149 and 302/149 IPC.
3. By the impugned judgment and sentence order, the applicant has been
sentenced to undergo simple imprisonment for 1 year for the offence under
Section 148 IPC, to undergo simple imprisonment for 2 years for the offence
under Section 324/149 IPC, to undergo simple imprisonment for 3 years and to
pay a fine of Rs.3,000/-, in default, to undergo simple imprisonment for 2
months for the offence under Section 325/149 IPC and also to undergo rigorous
imprisonment for life and to pay fine of Rs.6,000/-, in default, to undergo simple
imprisonment for 3 months for the offence under Section 302/149 IPC.
4. The applicant's counsel submits that the applicant's mother has passed
away due to a heart attack on 23.01.2026 at 6:30 am and in this regard, he has
annexed the Death Certificate of his mother Smriti Rani Nath issued by Dr.
Amalendu Das, SDM & HO, Lala BPHC.
5. The applicant's counsel submits that in view of the above, the applicant,
who is a Hindu Bengali, has to perform certain rites and rituals, which are as
follows:-
"01.02.2026- Ghat Ceremony
02.02.2026- 'Shraddha' and 'Pinda Dan'
04.02.2026- 'Baishnob Seba' and 'Naam Kirtan'
08.02.2026- 'Matsoporso' as per Hindu Bengali
customs and rituals"
Page No.# 5/6
The learned counsel for the applicant accordingly prays that the applicant
may be allowed to go on interim bail for a period of 15 days, after which, the
applicant would surrender himself back to the jail authorities.
6. Ms. B. Bhuyan, learned Sr. Counsel and Addl. P.P. submits that the jail
authorities do not have any information regarding the death of the mother of
the applicant. However, as the applicant has brought the said issue before this
Court for the first time, the O/C of the Lala Police Station has been informed of
the same and asked to verify the correctness of the submission made by the
applicant's counsel. The learned Addl. P.P. submits that the matter may be listed
tomorrow so as to enable the O/C of Lala Police Station to ascertain and verify the
facts.
7. Though we were initially of the view that some time should be given to the
O/C of the Lala Police Station to verify the said issue, there is some urgency in the
matter, as the applicant is the only son of his mother and he has to perform certain
rituals and responsibilities. Keeping in view the fact that we have no reason to
doubt the authenticity of the Death Certificate which has been issued on
23.01.2026 by Dr. Amalendu Das, SDM & HO, Lala BPHC, we are of the view that
interim bail should be granted to the applicant for a period of 15 days.
9. Accordingly, the applicant namely, Sajal Nath is allowed to go on interim bail
for 15 days, on furnishing a bond of Rs.50,000/- with one surety of like amount to
the satisfaction of the learned Trial Court. The interim bail will be for a period of 15
days w.e.f. the date the applicant steps out of jail. The applicant will thereafter
surrender himself before the Jail Authority on the 15 th day of his release.
Consequently, the sentence order dated 16.11.2024, passed pursuant to the
judgment dated 14.11.2024 by the Court of the learned Addl. Sessions Judge,
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Hailakandi in Sessions Case No.79/2015, is hereby suspended for a period of 15
days only.
10. The I.A. is accordingly disposed of.
JUDGE JUDGE
Comparing Assistant
