Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 1 April, 2021
Page No.# 1/3
GAHC010066432021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/187/2021
in Crl. A. 10/2016
NURUL HOQUE MOLLAH @ NURUL MOLLAH AND ANR
S/O-LATE AMIR HUSSAIN MOLLAH
VILL. DEWANGER ALGA
P.S. SOUTH SALMARA
DIST. DHUBRI
ASSAM.
2: MANIK MANDAL
S/O- LATE ABDUL GANI MONDAL
VILL. DEWANGER ALGA
P.S. SOUTH SALMARA
DIST. DHUBRI
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY PP ASSAM
2:MD. MOYNAN MANDAL
S/O MD. AZIMUDDIN MANDAL
VILL- BHERAMARA
P.S SOUTH SALMARA
DIST- DHUBRI
ASSAM
PIN- 783339.
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
Page No.# 2/3
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 applicants. Also heard Ms. S. Jahan, learned
Additional Public Prosecutor, appearing on behalf of the State.
2. The two applicants herein were convicted along with other 14 (fourteen) 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. 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.)
Page No.# 3/3
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 two applicants have also been sought on
similar grounds by urging that the present applicants are also standing on similar
footing as the two applicants in I.A.(Crl.) 129/2021. From the objection filed by the
State, it transpires that both the applicants are similarly situated as the co-
accused/applicants in I.A. (Crl.) 129/2021 and there is no adverse report against both
the accused persons.
5. If that be so, we do not find any legal justification to deny similar treatment
to the applicants and allow them to go on bail, pending disposal of the connected
appeal in Crl. Appl. No. 10/2016. As such, it is hereby ordered that the applicants, viz,
Nurul Hoque Mollah @ Nurul Mollah and Manik Mandal be allowed to go on bail on
furnishing bond of Rs. 20,000/- each and one local surety each, to the satisfaction of
learned Additional Sessions Judge (FTC), Dhubri.
The I.A. stands disposed of accordingly.
JUDGE JUDGE
Comparing Assistant
