Allowed

Sri Mohen Chandra Boro v. the State of Assam and Anr.

Gauhati HC4 Sept 2019I.A.(Crl.)/715/2018

Case brief

AI extract

What is this about?

The Gauhati High Court allowed the bail application of an accused convicted under Section 376(2)(i) of the IPC read with Section 4 of POCSO. The court relied on extensive medical reports indicating quadriparesis, severe physical incapacity, and advanced age (63+ years), concluding that further jail confinement would be hazardous to his life. Bail was granted without a trial for guilt.教育质量

What did the court decide?

Accused allowed to go on bail of Rs.20,000 with surety of like amount to the satisfaction of the learned Special Judge.

Sri Mohen Chandra Boro Vs the State of Assam… — Child Sexual Offences (POCSO) | Gauhati HC (2019)

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GAHC010179432018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case : I.A.(Crl.) 715/2018

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1:SRI MOHEN CHANDRA BORO

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S/O LATE NABIN CHANDRA BORO R/O VILLAGE TILOK GAON (TILOGAON) PO TILOKGAON PS BASUGAON DIST CHIRANG ASSAM 783372

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VERSUS

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1:THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM

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2:SMTI. BUDBARI BASUMATARY W/O SOMESHWAR BASUMATARY R/O VILLAGE NIJLAGURI SHANTIPUR PO RUNIKHATA 783375 DIST CHIRANG BTAD ASSAM

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Advocate for the Petitioner : MR. P MAHANTA Advocate for the Respondent : PP ASSAM

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 04-09-2019

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Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor,

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Assam.

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By way of this Interlocutory Application, the petitioner has sought for bail on behalf of the accused person namely, Mohen Chandra Boro, who has been convicted in Special (P) Case No.3(Basu)/2016 under Section 376(2)(i) of the IPC read with Section 4 of POCSO whereby he has been sentenced to RI for 10 years and to pay fine of Rs.10,000/- in default RI for six months.

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The petitioner has also filed I.A.(Crl.) No.703/2019 with a prayer to take into note of the earlier order passed by the learned trial court while considering his bail application and filed petition No. I.A.(Crl.)704/2019 with a prayer for taking judicial notice as well as taking into account medical report as an additional evidence in this case. Primarily, the ground of illness as well as old age of the petitioner, prayer for bail has been made.

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I have considered the medical document that has been annexed in the connected application and it reflects that the accused petitioner met with a Road Traffic Accident on 11.11.2000 resulting head and neck injury. Thereafter also he continued his treatment at different hospital at GNRC and CMC, Vallore in the year 2016 at GMCH, Assam, Guwahati. The medical report reflects that he being treated as Quadriperesis, seizures, thrombophlebitis, hypertension & fever. Slight movement of the limbs is there but patient cannot sit or walk on his own without assistance of other vide report from GMCH dated 06.07.2016.

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On the other hand, at the time of preferring the appeal along with the application, this Court has called for report from the jail authority and they furnish a report dated 14.10.2018 from the same hospital that the accused is still suffering from restricted neck movement and weakness of limbs and he is under assistance for others for his daily activities and advised for

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neuro surgery consultation for quadric basis. Such a medical report obviously indicates serious physical infirmity/incapability of the accused person who even could not perform his day-to-day activity. His age is also stated to be more than 63 years and confinement in the jail will be hazardous to his life.

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In view of such medical report, this Court is of the opinion that at least for better survival, prayer for bail can be considered without going on merit of the case.

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Having regard to the submission made before this Court and the entire medical documents placed before this Court, the accused/petitioner is hereby allowed to go on bail of Rs.20,000/with surety of like amount to the satisfaction of learned Special Judge, Kajalgaon in connection with Special (P) Case No.3(Basu)/2016.

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All Interlocutory Applications stands disposed of, by way of this order.

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JUDGE

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Comparing Assistant

Sri Mohen Chandra Boro v. the State of Assam and Anr.

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Sri Mohen Chandra Boro v. the State of Assam and Anr.

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