Gauhati High Court
Saddam Hussain vs State Of Assam And Anr on 13 December, 2021
Page No.# 1/4
GAHC010171362021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/433/2021
SADDAM HUSSAIN
S/O- JALAL UDDIN, R/O- SABASPUR, P.S. MURAJHAR, DIST.- HOJAI,
ASSAM.
VERSUS
STATE OF ASSAM AND ANR
REP. BY THE P.P., ASSAM.
2:ABDUL LATIF
S/O- LATE ARAB ALI
R/O- SABASPUR
P.S. MURAJHAR
DIST.- HOJAI
ASSAM
PIN- 782435
Advocate for the Petitioner : MR D TALUKDAR
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./225/2019
ISLAM UDDIN AND 2 ORS.
S/O- JALAL UDDIN
R/O- SABASPUR
P.S. MURAJHAR
DIST.- HOJAI
Page No.# 2/4
ASSAM.
2: SADDAM HUSSAIN
S/O- JALAL UDDIN
R/O- SABASPUR
P.S. MURAJHAR
DIST.- HOJAI
ASSAM.
3: SARIF UDDIN
S/O- JALAL UDDIN
R/O- SABASPUR
P.S. MURAJHAR
DIST.- HOJAI
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE P.P.
ASSAM.
2:ABDUL LATIF
S/O- LATE ARAB ALI
R/O- SABASPUR
P.S. MURAJHAR
DIST.- HOJAI
ASSAM
PIN- 782435.
------------
Advocate for : MR D TALUKDAR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
13.12.2021
Heard Mr. D. Talukdar, learned counsel for the applicant/appellant as well
as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent
No. 1. Also heard Mr. I.H. Barbhuiya, learned counsel for the respondent No. 2.
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This interlocutory application under Section 389 (2) Cr.P.C. is filed
against the impugned judgment dated 12.03.2019 and order of conviction
and sentence dated 25.03.2019, passed by the learned Addl. Sessions Judge,
Hojai, Sankardev Nagar in Sessions Case No. 36(N)/2016 praying for
suspension of sentence and for allowing him to go on bail.
The prosecution story is that on 14.03.2016, the informant lodged an FIR
at Murajhar P.S., stating, inter-alia, that on 13.03.2016 at about 9 p.m., the
accused/applicant and others called the informant's family members over
phone to discuss and settle their old land dispute. When the informant and
his family members arrived at the house of the accused persons, they started
threatening them to leave the said plot, else to pay huge amount. Suddenly,
one accused, namely Nessarun brought a dao and other sharp weapons and
thereafter, the accused persons assaulted one Layek Uddin from behind and
razed him on the ground, ultimately causing his death.
Based on the above F.I.R., Murajhar P.S. Case No. 35/2016 was registered
and after completion of investigation a charge-sheet was laid against the
accused and others. After conclusion of trial, by the impugned judgment and
order, dated 12.03.2019, passed in Sessions Case No. 36(N)/2016 convicted
and sentenced the present appellant/applicant to undergo rigorous
imprisonment for 8(Eight) years under Section 304 Part II of the IPC.
Being aggrieved, the applicant and other two convicted accused persons
have preferred the connected Crl. Appeal No.225/2019 challenging the
aforesaid impugned judgment and order.
Mr. D. Talukdar, learned counsel appearing for the applicant submits that
the applicant has been serving out the sentence for almost 3 (three) years
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and he being convicted under Section 304 Part II of the IPC and further, as
the co-accused persons are already enlarged on bail, he may be directed to
be released on bail pending the appeal.
On perusal of the grounds cited in the connected appeal and as the co-
accused persons are already released on bail, this Court is of the opinion that
the applicant has made a prima facie case in favour of his prayer for
suspension of sentence and his release on bail.
Accordingly, the sentence passed as stated above is suspended and the
accused/applicant is directed to be released on bail of Rs.30,000/- with one
surety till the connected appeal is disposed of.
With the above directions, the Interlocutory Application stands disposed
of.
JUDGE
Comparing Assistant
