Md. Abdul Jubbar vs The State Of Assam And Anr
2021 Latest Caselaw 1905 Gua

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GAHC010118252020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : I.A.(Crl.)/435/2020

            MD. ABDUL JUBBAR
            S/O MD. SULEMAN ALI, R/O VILL. BALIGAON, P.S. DALGAON, DIST.
            DARRANG, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP, ASSAM.

            2:NOOR SHAHIDA KHATOON
             D/O MD. SAHED ALI
            VILL. BALIGAON
             P.S. DALGAON
             DIST. DARRANG
            ASSA

Advocate for the Petitioner   : MR. C GOSWAMI

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./179/2020

            MD. ABDUL JUBBAR
            S/O MD. SULEMAN ALI
            R/O VILL. BALIGAON
            P.S. DALGAON
            DIST. DARRANG
            ASSAM.
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             VERSUS

             THE STATE OF ASSAM AND ANR
             REPRESENTED BY PP
             ASSAM.

             2:NOOR SHAHIDA KHATOON
             D/O MD. SAHED ALI
             VILL. BALIGAON
              P.S. DALGAON
              DIST. DARRANG
             ASSAM.
              ------------
             Advocate for : MR. C GOSWAMI
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR



                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

19.08.2021

Hearing held through remote video conference. Heard Mr. C. Goswami, learned counsel for the applicant/appellant as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent No.1.

By this interlocutory application under Section 389 (2) Cr.P.C., the applicant/appellant, who is convicted and sentenced vide the impugned Judgment and Order, dated 18.02.2020, passed in Sessions Case No. 133(DM)/2017 by the learned Sessions Judge, Darrang, Mangaldai, Assam, has prayed for suspension of sentence and to allow him to go on bail.

I have heard the learned counsel for both sides and perused the Page No.# 3/3

records including the impugned judgment and order, dated 18.02.2020, passed in Sessions Case No. 133(DM)/2017 by the learned Sessions Judge, Darrang, Mangaldai, Assam. It appears that the victim was a minor girl at the time of the alleged incident being her date of birth is 02.01.2002 vide the School Certificate (Exhibit-3). On 09.03.2017, she gave birth to a female child. The victim (P.W.1), in her statements recorded under Sections 161 and 164 Cr.P.C., has implicated the applicant/appellant with the commission of the alleged offences. Without going deep into the merit of the case, this court finds that at this stage, the accused appellant cannot be released on bail by suspending the operation of the sentence passed in the impugned judgment and order.

Therefore, the interlocutory application stands rejected.

This disposes of the Interlocutory Application.

The Registry shall take necessary steps for listing the connected appeal as early as possible.

JUDGE

Comparing Assistant