Page No.# 1/3 vs The State Of Assam And Anr
2021 Latest Caselaw 1620 Gua

                                                                 Page No.# 1/3

GAHC010032192019




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

                                Case No. : I.A.(Crl.)/132/2019

            AFTAB UDDIN @ AFTAB ALI AND ANR
            S/O LATE AKIL ALI,
            VILLAGE BARJARUMI,
            PS LANKA, DIST HOJAI, ASSAM

            2: INTAZ ALI
             S/O LATE AKIL ALI

            VILLAGE BARJARUMI

            PS LANKA
            DIST HOJAI
            ASSA

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP ASSAM

            2:ABDUL HAQUE
             S/O LATE AZIZUR RAHMAN

            VILLAGE BARJARUMI

            PO PHULTALI
            PS LANKA
            DIST HOJAI
            782446
            ASSA

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM
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                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 24-06-2021 Suman Shyam, J

Heard Mr. A. Ahmed, learned counsel for the applicants. We have also heard Ms. B.

Bhuyan, learned Addl. P.P. Assam appearing for the State. None has appeared for the

informant/ opposite party No. 2.

By filing this application, the two applicants who were convicted under Sections

120(B)/ 302 IPC by the judgment and order dated 28-11-2018 passed by the Addl.

District and Sessions Judge (FTC), Hojai at Sankardev Nagar in Sessions Case No.

141(N)/2011 and sentenced to undergo imprisonment for life, have approached this Court

seeking their release on bail.

Mr. Ahmed submits that the findings of the learned trial court leading to the

conviction of the applicants, more particularly, the applicant No. 1 is perverse and

therefore, the bail prayer deserves to be allowed.

Ms. Bhuyan, learned Addl. P.P. Assam, on the other hand, submits that the

arguments advanced by the learned counsel for the applicants is on merit of the appeal

and therefore, instead of considering the bail petition, the appeal itself be heard and

disposed of at an early date since the paper book is also ready in this case.

After considering the submissions of learned counsel for both sides, we are also of Page No.# 3/3

the opinion that the grounds urged in this I.A. touches upon the merit of the appeal. As

such, we deem it appropriate to fix the appeal for final hearing and disposal by keeping

this I.A. pending.

Registry to therefore, list the connected Crl. A. No. 66/2019 for hearing on 10-08-

2021 as a fixed item along with this I.A. by reflecting the names of learned counsel for

the all the parties in the cause list.

                            JUDGE                    JUDGE
GS


Comparing Assistant