Gauhati High Court
I.A.(Crl.)/929/2026 of SRI DIPAK BANIA Vs STATE OF ASSAM AND ANR on 9 September 2026
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
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GAHC010196302026
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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
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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