Page No.# 1/3 GAHC010069102021 undefined 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 B E F O R E 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. Page No.# 3/3 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