Page No.# 1/4 GAHC010141192023 2025:GAU-AS:7510 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/619/2024 INDRAJIT DAS S/O- LATE PRIYALAL DAS, R/O- KAMAKHYA COLONY, HOUSE NO. 64, P.S.- JALUKBARI, KAMRUP(M), ASSAM, PIN-781012 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:RAJU DAS S/O- LATE CHANDRA MOHAN DAS R/O- KAMAKHYA COLONY HOUSE NO. 64 P.S.- JALUKBARI KAMRUP(M) ASSAM PIN-78101 Advocate for the Petitioner : MR S DAS, MR R BARMAN,MR. G BORA,MR S A HUSSAIN,MR D J HALOI Advocate for the Respondent : PP, ASSAM, MR N J DAS, AMICUS CURIAE R2 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 09-06-2025 Heard learned counsel Mr. S.A. Hussain for the applicant Indrajit Das, who Page No.# 2/4 has filed this application under Section 389 (1) of Code of Criminal Procedure, 1973 with prayer for suspension sentence of conviction of impugned judgment and order dated 10.05.2022 passed by the learned Additional Sessions Judge cum Special Judge, POCSO, Kamrup (M), Guwahati in connection with Sessions Case No. 08/2019, whereby and whereunder the applicant/appellant was convicted under Section 10 of the Protection of Children from Sexual Assault, 2012 and sentenced to undergo rigorous imprisonment 5 (Five) years and to pay a fine of Rs.10,000/- (Rupees Ten Thousand) with default stipulation. 2. Heard learned Additional Public Prosecutor Ms. N. Das for the respondent State. Learned Amicus Curiae for the respondent No. 2 is not present today. 3. It is submitted on behalf of the applicant that the applicant is behind bars since 10.05.2022. The applicant is 66 (Sixty Six) years old and he is suffering from backache and knee joint pain. Under this condition, the applicant is suffering immensely in the jail. The applicant has to be forwarded to Gauhati Medical College and Hospital on every fortnight. 4. Learned Additional Public Prosecutor has raised serious objection stating that the applicant is serving his sentence in connection with a heinous offence and he is not entitled to bail. Learned Additional Public Prosecutor has submitted that the victim’s statement is consistent and there is no possibility of acquittal. Learned Additional Public Prosecutor has submitted to hear the appeal and to dispose of both the appeal along with this interlocutory application. 5. I have considered the submissions at the bar with circumspection. I have also considered the submissions that the applicant is suffering immensely due to Page No.# 3/4 backache. 6. The judgment and order dated 10.05.2022 passed by the learned Trial Court also reflects the applicant’s health condition. 7. The applicant has relied on the decision of the Hon’ble Supreme Court in Saudan Singh Vs. State of Uttar Pradesh reported in 2021 SCC OnLine SC 3259 wherein it has been held that :- “7. We may note that there may be even convicts in custody in case other than life sentence cases and in those cases again the broad parameter of 50 per cent of the actual sentence undergone can be the basis for grant of bail.” 8. In the wake of the foregoing discussions, it appears that the applicant may be enlarged on bail. 9. Considering all aspects, the applicant is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Trial Court. 10. The operation of the order of conviction and sentence dated dated 10.05.2022 passed by the learned Additional Sessions Judge cum Special Judge, POCSO, Kamrup (M), Guwahati in connection with Sessions Case No. 08/2019, is hereby stayed till disposal of the appeal. 11. In terms of the above observation, this interlocutory application stands disposed of. JUDGE Page No.# 4/4 Comparing Assistant