Nurul Haque vs The State Of Assam And Anr
2021 Latest Caselaw 1906 Gua

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GAHC010006702021




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

                                  Case No. : I.A.(Crl.)/57/2021

            NURUL HAQUE
            S/O- MAKBUL ALI, R/O- VILL.- KATLAPATHER, P.S. AND DIST.- BARPETA,
            ASSAM.

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR, ASSAM.

            2:ABDUL KHALEQUE
             S/O- LATE MOKSED ALI
             R/O- VILL.- DAULAR PATHER
             P.S. PATACHARKUCHI
             DIST.- BARPETA
            ASSAM

Advocate for the Petitioner   : DR. B AHMED

Advocate for the Respondent : PP, ASSAM

             Linked Case : Crl.A./27/2021

            NURUL HAQUE
            S/O- MAKBUL ALI
            R/O- VILL.- KATLAPATHER
            P.S. AND DIST.- BARPETA
            ASSAM.

             VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR
            ASSAM.
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             2:ABDUL KHALEQUE
             S/O- LATE MOKSED ALI
              R/O- VILL.- DAULAR PATHER
              P.S. PATACHARKUCHI
              DIST.- BARPETA
             ASSAM.
              ------------
             Advocate for : DR. B AHMED
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR.


                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

Date : 19.08.2021

Heard Mr. H. R. A. Choudhury, learned senior counsel for the applicant/appellant. Also heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor for the State/respondent.

By this interlocutory application, the applicant/appellant has prayed for suspension of the execution of the impugned judgment and order dated 07.12.2020 passed by the learned Addl. Sessions Judge, Bajali, Pathsala in Sessions Case No. 201/2017 and to allow him to go on bail.

Mr. H. R. A. Choudhury, learned senior counsel appearing for the applicant/appellant, submits that the applicant has been serving out the sentence for more than 8 months since the date of the impugned judgment and order. Mr. Choudhury further submits that the learned Trial Court has convicted the applicant without applying its judicial mind to the important and vital points of law and facts, which are stated specifically in the connected Crl. Appeal No. 27/2021.

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Opposing the application, Mr. B. B. Gogoi, learned Addl. Public Prosecutor, submits that the impugned judgment and order is well reasoned and, as such, the sentence passed against the applicant does not deserve to be suspended and the applicant/appellant may not be enlarged on bail pending the appeal which is now ready for hearing.

The applicant/appellant is held guilty under Section 304B of the IPC and sentenced to undergo rigorous imprisonment for 7 years.

Having considered the ground of appeal against the impugned judgment and order and also having heard of both sides, it is prima facie noticed, subject to detail hearing on merit, this Court is of the opinion that there are good grounds for adjudication. Therefore, the sentence passed against the applicant/appellant pending the connected appeal may be suspended.

Accordingly, the sentence passed in Sessions Case No. 201/2017 passed by the learned Addl. Sesssions Judge, Bajali at Pathsala is hereby suspended till disposal of Crl. Appeal No. 27/2021 and till then, the applicant/appellant is directed to be released on bail of Rs. 30,000/- with one surety of the like amount to the satisfaction of the said learned Addl. Sessions Judge, Bajali at Pathsala.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant