Gauhati High Court
Ibrahim Mondal vs The State Of Assam on 1 April, 2021
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GAHC010066432021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/210/2021
in Crl. A. 10/2016
IBRAHIM MONDAL
S/O. LATE HABIBUR MONDAL, R/O. VILL. DEWANER ALGA, P.S. SOUTH
SALMARA, DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 01.04.2021
(S. Shyam J)
Heard Mr. H. R. A. Choudhury, learned Senior counsel, assisted by Mr. I. U.
Choudhury learned counsel for the applicant. Also heard Ms. S. Jahan, learned
Additional Public Prosecutor, appearing on behalf of the State.
2. The applicant herein is the co-accused and was convicted along with other 15
(fifteen) co-accused persons by the judgment and order dated 21.12.2015 passed by
learned Additional Sessions Judge (FTC), Dhubri in Sessions Case No. 135/2006.
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Earlier, one of the co-accused, on his bail prayer having been rejected by this Court,
had approached the Hon'ble Supreme Court of India by filing SLP (Crl.) No. 6341/2020.
By the order dated 03.02.2021, the Hon'ble Supreme Court had granted bail to the
applicant by making the following observations:-
"Taking into the account that the co-accused have already been released on bail
and that the appellant has undergone substantial period in jail and there is no
likelihood of appeal being taken up for hearing by the High Court in the immediate
near future coupled with the fact that there is no adverse report against the
appellant regarding his conduct in jail, we are of the view that the appellant should
be released on bail. Accordingly, in the peculiar facts of the present case, we direct
that the appellant (Hussain Ali Mondal) be released on bail to the satisfaction of
the Trial Court in connection with Case Crime No. 25 of 2003 registered at PS-
South Salmara, District- Dhubri, Assam and on such terms and conditions as may
be imposed by the Trial Court."
3. In view of the order dated 03.02.2021, co-accused Manki Bhuyan and Rezzak
Bhuyan had filed I.A.(Crl.) 129/2021, renewing their bail prayer seeking similar
consideration as has been made by the Hon'ble Supreme Court in the order dated
03.02.2021. Taking note of the stand of the State that the co-accused in I.A.(Crl.)
129/2021 is similarly situated as the accused/applicant in SLP (Crl.) 6341/2020 and
that there was no adverse report against those applicants, this Court, by order dated
26.03.2021 passed in I.A.(Crl.) 129/2021, had allowed the two applicants therein to go
on bail.
4. In the instant I.A., release of the sole applicant has been sought on similar
grounds by urging that the present applicant is also standing on similar footing as the
two applicants in I.A.(Crl.) 129/2021.
5. Ms. S. Jahan, learned Addl. P.P., submits that on enquiry made with the jail
authorities, it was found that the present applicant standing on the same footing as
the applicants in I.A.(Crl.) 129/2021 and his conduct has also found to be good during
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the stay in jail. As such, she has no instructions to file objection opposing the bail
prayer made in the present I.A.
6. After going through the materials available on record and in view of the stand
taken by the learned Addl. PP, Assam, we are of the view that the present applicant is
also entitled for a similar order as passed by this Court in I.A.(Crl.) 129/2021. As such,
it is hereby ordered that the applicant, viz, Ibrahim Mondal be allowed to go on bail,
during the pendency of the connected appeal, on furnishing bond of Rs. 20,000/- and
one local surety of like amount to the satisfaction of learned Additional Sessions Judge
(FTC), Dhubri.
The I.A. stands disposed of accordingly.
JUDGE JUDGE
Comparing Assistant
