Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 14040 (GAU)

SRI DIPAK BANIA v. STATE OF ASSAM AND ANR

I.A.(Crl.)/929/2026 · 2026-09-09

Helen Dawngliani, Michael Zothankhuma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010196302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/929/2026 SRI DIPAK BANIA S/O-SUNIL BANIA R/O- UDARI BANIA GAON PSMORIGAON, DIST.MORIGAON,ASSAM VERSUS STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI JIBON DAS S/O-LATE MEMBOR DAS R/O-AMKATA P/S-JAGIROAD DIST-MORIGAONASSA Advocate for the Petitioner : MRS DIPANJALI BORPUJARI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE HELEN DAWNGLIANI ORDER Date : 10.09.2026 (M. Zothankhuma, J) Heard Mrs. D. Borpujari, learned counsel for the applicant/appellant, who has been convicted under Section 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs.20,000/-, in default, to undergo rigorous imprisonment for 6 months, besides having convicted under Section 87 BNS by the learned Addl. Sessions Judge -cum- Page No.# 2/2 Special Judge (POCSO), Morigaon, Assam in POCSO Case No. 32/2025, arising out of Jagiroad P.S. Case No. 8/2025. 2. The applicant’s counsel submits that the father of the applicant expired on 30.08.2026 and due to certain rituals required to be performed by the applicant, being the only son, he may be allowed to go on bail for 15 days. The applicant’s counsel submits that as and when the 15 days’ period will be over, he will surrender himself before the jail authorities. 3. Ms. A. Begum, learned Addl. PP submits that on considering the case of the applicant and the certificate issued by the Medical and Health Officer, in- Charge, Udari State Dispensary, Morigaon, Assam, she does not have any objection to the prayer of the applicant’s counsel. 4. In view of the consent of the learned Addl. PP and keeping in view the submission made by the applicant’s counsel, the applicant is allowed to go on interim bail for a period of 15 days from today on a bail bond of Rs. 25,000/-, with one surety of like amount, to the satisfaction of the learned Trial Court. He will thereafter report back to the jail authorities on or before 25.09.2026, for continuing his incarceration in judicial custody. 5. Consequently, the sentence being undergone by the applicant is suspended for a period of 15 days w.e.f. today. 6. IA is accordingly disposed of. JUDGE JUDGE Comparing Assistant