Page No.# 1/4 GAHC010202452016 undefined 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 Page No.# 3/4 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 Page No.# 4/4 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