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2025 DAILYLAW 17886 (GAU)

SANKAR KUMAR BHOWMICK v. THE STATE OF ASSAM

Bail Appln./2699/2025 · 2025-08-27

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010198402025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/964/2025 SANKAR KUMAR BHOWMICK S/O. LT. TARINI KANTA BHOWMICK, R/O. VILL.- NO. 1, SUPARIGURI, P/S. BONGAIGAON, P/O. AND DIST. BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, MR B DAS,MR. U HAZARIKA Advocate for the Respondent : PP, ASSAM, In Bail Appln./2699/2025 SANKAR KUMAR BHOWMICK S/O. LT. TARINI KANTA BHOWMICK R/O. VILL.- NO. 1 SUPARIGURI P/S. BONGAIGAON P/O. AND DIST. BONGAIGAON ASSAM. Page No.# 2/3 VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM. ------------ Advocate for : MS. T SOM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 02.09.2025 1. Heard Mr. R.P. Sarma, the learned Senior Counsel, assisted by Ms. T. Som, the learned counsel for the applicant. Also heard Ms. N. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This interlocutory application has been filed by the applicant, namely, Sankar Kumar Bhowmick, in connection with Bail Application No. 2699/2025, which was disposed of on 28.08.2025, whereby the petitioner was granted interim bail for a period of 3(three) days, i.e. from 1st September, 2025 till tomorrow, i.e. 3rd September, 2025 to enable the petitioner to file his nomination papers as a candidate in the Bodoland Territorial Council (BTC) Election, 2025. 3. The learned Senior Counsel for the applicant has submitted that the applicant has submitted his nomination papers for election as member of legislative council as against No. 19 Turabari. 4. The learned Senior Counsel further submits that the date of election has been notified by the Assam State Election Commission by its Notification Page No.# 3/3 dated 26th August, 2025 and accordingly, the election will be held on 22.09.2025 and date of counting would be 26.09.2025 and the election process would complete on 28.09.2025. 5. The learned Senior Counsel further submits that unless the interim bail granted to the petitioner is extended till the completion of the election process, he would be deprived of exercising his democratic rights and the purpose of filing nomination as a candidate would be futile. 6. I have considered the submissions made by learned counsel for both sides. Considering the fact that the petitioner has filed nomination papers for election as legislative council member and as the date of polling has been notified the petitioner is required to involve themselves in campaigning and participate in the election process, this Court is of the considered opinion that the interim bail granted bail to the applicant by order dated 28.08.2025 in Bail Application No. 2699/2025 may be extended till 01.10.2025. 7. Accordingly, the same is allowed and the interim bail granted to the petitioner is accordingly extended till 01.10.2025 with the condition that he shall surrender before the Court of the learned Chief Judicial Magistrate, Kamrup(M) on 1st October, 2025 and on his appearance, he shall be remanded to judicial custody. 8. Let this interlocutory application be listed again on 13th October, 2025 so as to enable the petitioner to report compliance of the aforesaid order. JUDGE Comparing Assistant