Page No.# 1/5 GAHC020000192020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Bail Appln./21/2021 MS. HUNALI SUMI D/O SHRI GHUKIYE ACHUMI R/O AGHUNATO TOWN ZUNHEBOTO NAGALAND VERSUS THE STATE OF NAGALAND NAGALAND ------------ Advocate for : SENTIYANGER Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND Page No.# 2/5 BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 20.05.2026 [Y. Longkumer, J] Heard Mr. Sentiyanger, learned counsel, appearing for the applicant/appellant. Also heard Mr. K. Angami, learned Public Prosecutor, as well as Mr. Toshi O Longkumer, learned Legal Aid Counsel, appearing for the informant. 2. The present bail application under Section 389 (2) read with Section 437 of the Cr.P.C, has been preferred by the applicant/appellant through his daughter, praying for release on bail, pending disposal of the connected criminal appeal no.01/2020. 3. The case of the applicant, herein, is that the applicant/appellant was convicted under Section 376(2) (i) IPC read with Section 4 of the POCSO Act, in G. R. Case No.49/2015, in connection with Aghunato P.S. Case No.04/2015, by the learned Session Judge, Zunheboto, Nagaland, by Judgment dated 09.12.2016 and sentenced to 7 (seven) years Rigorous Imprisonment with a fine of Rs.15,000/- (Rupees Fifteen Thousand), in default, to undergo further 02 (two) months Rigorous Imprisonment. Against the said judgment and sentence, the applicant/appellant had filed a criminal appeal being Criminal Appeal No.1K/2017, which was disposed of vide order dated 24-08-2018, thereby, remanding back the matter for a de- Page No.# 3/5 novo trial in accordance with law. The de-novo trial was conducted as per the directions of the learned Single Judge in Criminal Appeal No.1K/2017, and the appellant/applicant was again convicted under 376 (2) (i) IPC of the IPC read with Section 4 of the POCSO Act vide Judgment dated 30.10.2019, and sentenced to 10 (ten) years of Rigorous Imprisonment with a fine of Rs.10,000/- (Rupees Ten Thousand) by order dated 01.11.2019. 4. Pursuant to the Judgment dated 30.10.2019, the applicant/appellant was taken into custody. Being aggrieved the connected Crl. Appeal No.1/2020 has been filed challenging the Judgment dated 30.10.2019. 5. The learned counsel for the applicant/appellant submits that the applicant has been incarcerated, since then and has already served 7 (seven) years and 11 (eleven) days of the sentence as on today. 6. In view of the above submissions, the learned counsel prays that the applicant/appellant may be released on bail, pending disposal of the Criminal Appeal No.1/2020. 7. On the other hand, Mr. K. Angami, learned Public Prosecutor, has objected to the instant bail application and prays that the entire criminal appeal may be heard on merits, instead of allowing the bail at this stage. Mr. Toshi O Longkumer, learned Legal Aid Counsel, has also adopted the submissions made by the learned Public Prosecutor. 8. We have considered the submissions of the learned Page No.# 4/5 counsel for the parties and perused the materials brought on records. 9. It is seen that in the earlier Criminal Appeal No.1K/2017, the learned Single Judge has remanded back the matter for a de-novo trial. In the earlier trial, the applicant/appellant had been convicted under Section 376 (2) (i) IPC read with Section 4 of the POCSO Act and sentenced to Rigorous Imprisonment of 7 (seven) years; and thereafter, he had preferred the appeal against the same. However, it is seen that after the de-novo Trial was conducted, the learned Trial Court has convicted the applicant/appellant for a period of 10 (ten) years under the same section of law. It is also an admitted fact that the applicant/appellant has now served out 7 (seven) years and 11 (eleven) days of sentence. 10. We are therefore, of the view that at this stage, the applicant/appellant is entitled to be released on bail pending disposal of the appeal. The instant bail application is therefore, allowed under the following conditions; (i) The applicant shall execute a bail bond of Rs.10,000/- (Rupees ten thousand) with one surety of like amount to the satisfaction of the Trial Court. (ii) The applicant/accused shall not leave the jurisdiction of the Trial Court with permission. 11. With the above, the present bail application is disposed of. Page No.# 5/5 Sd/- JUDGE Comparing Assistant