Makshed Ali @ Muksed Ali vs The State Of Assam And Anr
2021 Latest Caselaw 1024 Gua

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GAHC010026132020




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

         Case : I.A.(Crl.)/474/2020

         MAKSHED ALI @ MUKSED ALI
         S/O- SATAR ALI
         R/O- VILL.- AHATA BAKRIKUCHI
         P.O. JOYSAGAR
         P.S. MUKALMUA
         DIST.- NALBARI
         ASSAM
         PIN- 781126.


          VERSUS

         THE STATE OF ASSAM AND ANR
         REP. BY THE P.P.
         ASSAM.

         2:SAMSUL HAQUE
         S/O- LATE ABDUL MALEK
          R/O- VILL.- AHATA BAKRIKUCHI
          P.O. JOYSAGAR
          P.S. MUKALMUA
          DIST.- NALBARI
         ASSAM
          PIN- 781126.
          ------------
         Advocate for : MR A DASGUPTA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR



                                 BEFORE
                    HONOURABLE MR. JUSTICE SUMAN SHYAM
                    HONOURABLE MR. JUSTICE MIR ALFAZ ALI
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                                            ORDER

Date : 17-03-2021 Suman Shyam, J

Heard Mr. A. Dasgupta, learned Sr. counsel assisted by Mr. J.U. Ahmed, learned

counsel for the applicant. We have also heard Mr. M. Phukan, learned Addl. P.P. Assam

appearing for the State.

This I.A. has been filed under Section 389 read with Section 439 Cr.P.C. praying for

suspension of sentence imposed upon the applicant by the judgment and order dated 07-

12-2019 passed by the learned Sessions Judge, Nalbari in connection with Sessions Case

No. 40/2016 and also for releasing the applicant on bail.

Mr. Dasgupta submits that it is the victim who had chased the applicant, as a result

of which he had to suffer blows in the vital part leading to the death of the victim. As

such, this case would be covered under Exception No. 5 of Section 300 IPC.

The said submission has, however, been strongly opposed by Mr. M. Phukan,

learned Addl. P.P. Assam. The learned Addl. P.P. also submits that there are three eye

witnesses and as many dying declarations which were relied upon by the learned trial

court for convicting the appellant. Therefore, this is not a fit case for granting bail to the

applicant.

After going through the materials available on record, we are of the opinion that

the evidence available on record, more particularly, the testimony of the three eye

witnesses prima facie appear to be reliable. Therefore, we are not inclined to consider the

prayer for grant of bail made in the I.A.

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This I.A. is, therefore, stands dismissed.

                          JUDGE                    JUDGE
GS




Comparing Assistant