Allowed

Sri Bulen Basumatary @ Bolen Basumotary v. the State of Assam and Anr.

Gauhati HC8 Jun 2020I.A.(Crl.)/284/2020

Case brief

AI extract

What is this about?

In an application u/s 389 Cr.P.C., the Gauhati High Court allowed the conviction u/s 20(b)(ii)(b) NDPS Act to be suspended and granted bail to the applicant pending disposal of a connected appeal, considering the Covid-19 situation and his period served in remand.

What did the court decide?

Conviction suspended; bail ordered on Rs. 50,000 with one surety pending disposal of connected appeal.

Sri Bulen Basumatary @ Bolen Basumotary Vs the State of… — Narcotics (NDPS) | Gauhati HC (2020)

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GAHC010067462020

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

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Case No. : I.A.(Crl.) 284/2020

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1:SRI BULEN BASUMATARY @ BOLEN BASUMOTARY S/O LATE PADMA BASUMATARY, R/O VILL. KACHARIPATHAR, P.O. KINAPATHAR, P.S. NARAYANPUR, DIST. LAKHIMPUR, ASSAM, PIN 784164.

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VERSUS

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1:THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED P.P., ASSAM

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2:SRI NILOTPAL DOLEY S/O SRI TARUN DOLEY SUB INSPECTOR OF POLICE GARMUR POLICE STATION R/O VILLAGE AND P.O. DHUNAGURI P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN 787054

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Advocate for the Petitioner : MR. N HASAN

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Advocate for the Respondent : PP, ASSAM

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Linked Case : Crl.A. 124/2020

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1:SRI BULEN BASUMATARY @ BOLEN BASUMOTARY S/O LATE PADMA BASUMATARY R/O VILL. KACHARIPATHAR P.O. KINAPATHAR

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P.S. NARAYANPUR DIST. LAKHIMPUR ASSAM PIN 784164.

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VERSUS

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1:THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED P.P. ASSAM

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2:SRI NILOTPAL DOLEY S/O SRI TARUN DOLEY SUB INSPECTOR OF POLICE GARMUR POLICE STATION R/O VILLAGE AND P.O. DHUNAGURI P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN 787054.

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Advocate for the Petitioner : MR. N HASAN Advocate for the Respondent : PP ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 08-06-2020

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Heard Mr. N. Hasan, learned counsel for the applicant/appellant as well as Mr. R.J. Baruah, learned Addl. P.P., Assam appearing for the State/respondent No. 1.

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By this application under Section 389 Cr.P.C., the applicant/appellant has prayed for suspension of the operation of the impugned Judgment and Order of conviction, dated 20.02.2020, passed by the learned Special Judge, Jorhat in Special Case No. 56 of 2018, convicting the accused/appellant u/s 20(b)(ii)(b) of the NDPS Act, 1985 and sentencing him to undergo R.I. for a period of 5 (five) years and to pay a fine of Rs. 10,000/- (Rupees Ten Thousand) in default to undergo simple imprisonment for another 1 (one) month and further

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to allow him to go on bail.

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Mr. N. Hasan, learned counsel for the applicant/appellant, submits that the applicant was arrested on 29.06.2018 immediately after lodging the FIR and he was granted bail by this Hon’ble Court on 19.12.2018 in Bail Appln. No. 2921/2018. Mr. Hasan also submits that the applicant/appellant has been behind the bar since the date of passing the impugned judgment and order, i.e. 20.02.2020 and he has already served a substantial period of time behind the bar. Therefore, Mr. Hasan submits that if the applicant/appellant is allowed to go on regular bail with any suitable condition(s), there is no chance of his absconding or fleeing from justice.

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Mr. R.J. Baruah, learned Addl. P.P., Assam appearing for the State/respondent No. 1, submits that considering the ongoing situation in the country due to Covid-19 pandemic, the applicant/appellant may be allowed to go on bail.

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After perusal of the application and on hearing the learned counsel for the parties and considering the current situation that has arisen due to Covid-19 pandemic and without going deep into the materials available on evidence, this Court finds that the petitioner may be allowed to go on bail. Accordingly, the operation of the impugned Judgment and Order of conviction, dated 20.02.2020, passed by the learned Special Judge, Jorhat in Special Case No. 56 of 2018 is hereby suspended till disposal of the connected appeal. The applicant/appellant is allowed to go on bail of Rs. 50,000/- (Rupees Fifty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge, Jorhat.

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With the above directions, the I.A. stands disposed of.

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JUDGE

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Comparing Assistant

Sri Bulen Basumatary @ Bolen Basumotary v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Sri Bulen Basumatary @ Bolen Basumotary v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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