Page No.# 1/4 GAHC010051062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/724/2025 TUPE SUBHASH S/O NAMDEV, R/O. BANPURI, SATARA, P.O. NAMDEURI, STATE MAHARASTRA, PIN 431126 VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI-01. 2:THE DIRECTOR GENERAL BORDER SECURITY FORCE BLOCK NO.10 CGO COMPLEX LODHI ROAD NEW DELHI-110003. 3:THE SPECIAL DIRECTOR GENERAL OF BORDER SECURITY FORCE (EASTERN COMMAND) 20/1 GURSADAY ROAD KOKKATA-19. 4:INSPECTOR GENERAL BORDER SECURITY FORCE M AND C FRONTIER MASIMPUR SILCHAR CACHAR-788014. Page No.# 2/4 5:COMMANDANT 111 BATTALION BORDER SECURITY FORCE SATAKHA NAGALAND Advocate for the Petitioner : RAJESH MAZUMDAR, MR. M PHUKAN,MS T WAPANGLA,MR. R DEKA Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 24.03.2025 ( Susmita Phukan Khaund, J) 1. Heard Mr. R. Mazumdar, learned counsel for the applicant/ petitioner Tupe Subhash and learned CGC Ms. B.Sharma for the opposite party/ respondents. 2. It is submitted by the learned counsel for the applicant/petitioner Tupe Subhash that vide Judgment and Order dated 14.02.2025 in connection with W.P.( Crl.), the conviction of the applicant/petitioner under Section 302 of the IPC in connection with “ Trial of No.900039263CT Tupe Subhash of 111 Battalian, BSF” was set aside by this Court and the conviction under Section 302 IPC was scaled down to Section 304 Part-I of the IPC and he was sentenced to Rigorous imprisonment for 10 years and a fine of Rs.1,000/- i/d Rigorous imprisonment for one month. The period of detention undergone by the Applicant is to be set off with the custodial sentence. 3. It is submitted that the applicant/petitioner has not been released from jail. It is further submitted that the applicant/petitioner was taken into “closed Page No.# 3/4 arrest” on 16.08.2012 and since then, he has been languishing in Central Jail at Dimapur in Nagaland for more than 12 years. It is also submitted that Registry of this Court had informed the respondent authorities and jail authorities of Dimapur has also been informed by the engaged counsel of the applicant/petitioner through e-mail but the respondent authorities have not released the applicant/petitioner Tupe Subhash. Therefore, the applicant/petitioner is before this Court with a prayer to direct the respondent authorities to release the applicant/petitioner who has been languishing in Central Jail at Dimapur as he has already undergone the sentence of 10 years. 4. From the records, it appears that the applicant/petitioner was in custody since 16.08.2012 and vide order of this Court in WP ( Crl.) No.4/2019, on 14.02.2025, the applicant was convicted under Section 304 Part-I of the IPC to undergo Rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/- i/d for Rigorous imprisonment for one month. 5. As the applicant/petitioner has already been in custody for more than 12 years since his date of arrest, the Registry of this Court and the jail authorities of Central Jail at Dimapur in Nagaland is directed to take appropriate steps to release the applicant/petitioner from jail. 6. In terms of the above observations, the interlocutory application stands disposed of. JUDGE JUDGE Page No.# 4/4 Comparing Assistant