Ajay Bhumiz v. The State of Assam and Anr

ORDER Date : 20.05.2024 Heard Mr. S.Borthakur, learned Senior Counsel assisted by Mr. S.Dey, learned counsel for the applicant and Mr. B.Sharma, learned Addl.P.P. for the State opposite party. Page No.# 2/2 By filing this interlocutory application, the applicant has prayed for releasing him on temporary bail to attend the funeral ceremonies and last rites of his mother from 20.05.2024 to 25.05.2024 who expired on 11.05.2024. Learned counsel for the applicant submits that mother of the applicant expired on

11.05.2024. The applicant was convicted under Section 306 of the IPC and sentenced to undergo Rigorous imprisonment for 5 years and fine of Rs.5,000/- in default rigorous imprisonment for another 3 months. It is further submitted that the applicant has a good case for acquittal in connection with the alleged offence. In support of the fact, one report from the Gaonburah of Miri-Chutia Khanda Borbam Chutia Gaon has been furnished which shows that the mother of the applicant, namely, Smti Renu Bhumiz died on 11.05.2024. Learned Addl.P.P. on the other hand submits that applicant be allowed to attend the last rites of his mother. Considering the submission of the parties, the application is partly allowed. The learned CJM, Sivasagar is directed to release the applicant Ajay Bhumiz in the morning of 21.05.2024 with police protection and ensure of his return to the jail on the same day in the evening. Inform Jail Superintendent accordingly. The interlocutory application is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010100812024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/470/2024 AJAY BHUMIZ S/O- SRI BOGAI BHUMIZ, R/O- AMGURI BORBAM, P.S.-HALUATING, DISTRICT- SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SRI SIVA MIRDHA W/O- LATE SAMRU MIRDHA R/O- HALUATING TEA ESTATE P.S.- HALUATING DISTRICT-SIVASAGAR ASSAM Advocate for the Petitioner : MR S BORTHAKUR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI