I.A.(Crl.)/35/2026 of SHRI TEMJENYAPANG Vs THE STATE OF NAGALAND AND ANR on 26 August 2026

ORDER

27.08.2026 (R. Phukan, J)

Heard Mr. James Newmai, learned counsel for the applicant. Also heard Ms. Livika, learned P.P appearing for the State.

2. This application under Section 430 of the BNSS 2023 is preferred by the applicant for suspension of sentence pending appeal and to release the applicant, namely, Temjenyapang on temporary bail.

3. Mr. Newmai, learned Counsel for the applicant, submits that the applicant stood convicted vide judgment and order dated 26.09.2025 u/s 6 of the POCSO Act and is presently serving out the sentence, in the case arising out of G.R. Case No. 354 of 2019 corresponding to W.N. P.S. Case No. 40 of 2019 under Section 323/376(2)(d)/506 IPC r/w 5(d)(k)(l)(m)/6 POCSO Act for 38 years. He also submits that earlier, he was granted temporary bail on medical grounds and thereafter, he surrendered before the jail authority on 30.07.2026, and now serving out the sentence.

3.1. The learned Counsel for the applicant further submits that the mother of the applicant/appellant is in a critical condition (on her deathbed) and was admitted to the ICU on 17.08.2026, at Christian Institute of Health Sciences and Research, Dimapur and she was diagnosed with recurrent CVA (Left MCA Infarct), Type 2 Diabetes Mellitus, and Hypertension. He further submits that as per his information, she has been discharged today on request of the family members, as it was reported by Doctor that there is last hope for her survival. He also submits that since, the applicant is currently serving out the sentence, so handed down to him by the learned Special Judge (POCSO), Dimapur, he may be allowed to see his mother on her deathbed by granting him temporary bail for a short period.

4. Ms. Livika, learned Public Prosecutor, submits that since the mother of the applicant is in serious condition, for a limited period, the applicant may be granted temporary bail.

5. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record, and also perused the medical document/certificate, dated 17.08.2026, issued by the Christian Institute of Health Sciences and Research, Dimapur.

6. It is not in dispute that the mother of the applicant was admitted in ICU with a diagnosis of recurrent CVA, left MCA infarct, type 2 diabetes mellitus, and hypertension. And if has appraised to this Court by the learned counsel for the applicant that she has been discharged from the Hospital at the instance of her family members, as there is less hope of survival of the mother of the applicant. The applicant being the son, wishes to see his mother in her death bed.

7. Accordingly, taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances on record, especially the medical certificate issued by Christian Institute of Health Sciences and Research and the latest development that has been apprised to this Court by the learned counsel for the applicant, this Court is inclined to allow this application.

8. It is provided that, on furnishing a bond of ₹50,000/- with one surety of like amount to the satisfaction of the learned Special Judge, POCSO, Dimapur, the accused/applicant be enlarged on temporary (interim) bail on humanitarian/compassionate ground with effect from today, till 07.09.2026, on which the applicant shall surrender before the Superintendent, Central Jail, Dimapur.

9. In terms of the above, this I.A(Crl.) stands disposed of.

JUDGE JUDGE

Comparing Assistant