Gauhati High Court
Abdul Jalil @ Zalil Ali vs The State Of Assam And Anr on 22 April, 2021
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GAHC010035492021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/117/2021
ABDUL JALIL @ ZALIL ALI
S/O- LATE SAHED ALI, VILL.- KAHIKUCHI, P.O. BHAIRAGURI, P.S. AND
DIST.- BARPETA, ASSAM, PIN- 781311.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE LEARNED PUBLIC PROSECUTOR, ASSAM
2:MD. BATCHU MIYA
S/O- LATE SAHED ALI
VILL.- KAHIKUCHI
P.O. BHAIRAGURI
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781311
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./60/2021
ABDUL JALIL @ ZALIL ALI
S/O- LATE SAHED ALI
VILL.- KAHIKUCHI
P.O. BHAIRAGURI
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781311.
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VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE LEARNED PUBLIC PROSECUTOR
ASSAM.
2:MD. BATCHU MIYA
S/O- LATE SAHED ALI
VILL.- KAHIKUCHI
P.O. BHAIRAGURI
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781311.
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 22-04-2021
(K.R. Surana, J)
Heard Mr. A. Ahmed, learned counsel for the applicant. Also heard Ms. B. Bhuyan,
learned A.P.P. appearing for the State, opposite party No. 1 herein.
This is an application u/s 389 of the CrPC for suspension of sentence awarded to the
applicant vide judgment and order dated 10-02-2021 passed by the learned Sessions Judge,
Barpeta in Sessions Case No. 23/2014.
Pursuant to order dated 10-03-2021, the learned A.P.P. has produced a copy of the
health status report of the applicant from the Superintendent of District Jail, Barpeta. The
forwarding letter dated 19-03-2021 along with report dated 18-03-2021 is retained on record.
As per the said report, the applicant is 86 years of age and he has been suffering from
"chronic obstructive pulmonary disease, bronchial asthma, hypertension diabetes mellitus
(type -2 DM), difficulty of walking, visual problems and also suffering from old aged ailments
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etc."
The learned A.P.P. has opposed the prayer for bail on account of the nature of assault,
which has caused grievous injuries to the deceased, resulting in his death.
Considering the present COVID-19 pandemic situation and in light of the age of the
applicant, who is stated to be 86 years as per record, and he is suffering from various
ailments, the court is inclined to release the applicant, namely, Abdul [email protected] Zalil Ali on bail of
furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand ony) with 2 (two) sureties
of like amount to the satisfaction of the learned Sessions Judge, Barpeta in connection with
Sessions Case No. 23/2014 disposed of by judgment and order dated 10-02-2021.
The bail is granted on the condition that the applicant shall appear before the Officer-
In-Charge of the Barpeta Police Station once every month. In the event the applicant is
hospitalized or unable to appear before the police station for medical reasons, the court
permits the family members of the applicant to produce a medical certificate of the applicant
before the Officer-In-Charge of the Barpeta Police Station.
This I.A. stands disposed of.
JUDGE JUDGE
Comparing Assistant
