Gauhati High Court
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GAHC010037242021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/129/2021
MANKI BHUYAN @ MANIK BHUYAN AND ANR
S/O- MD SULTAN BHUYAN, VILL. DEWANGER ALGA, P.S. SOUTH
SALMARA, DIST. DHUBRI, ASSAM.
2: REZZAK BHUYAN
S/O- MD. SATTER BHUYAN
VILL. DEWANGER ALGA
P.S. SOUTH SALMARA
DIST. DHUBRI
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP BY PP, ASSAM
2:MD. MOYDAN MONDAL
S/O MD. AZIMUDDIN MANDAL
VILL- BHERAMARA
P.S SOUTH SALMARA
DIST- DHUBRI
ASSAM
PIN- 783339
Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
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ORDER
Date : 26-03-2021
Suman Shyam, J
Heard Mr. B.D. Konwar, learned Sr. counsel assisted by Ms. R.R. Bhakat, learned
counsel for the appellants. Also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing
for the State.
2. By filing this I.A. two applicants, viz. Manki Bhuyan @ Manik Bhuyan and Rezzak
Bhuyan have approached this Court seeking suspension of sentence imposed upon them
by the judgment and order dated 21-12-2015 passed by the learned Addl. Sessions Judge
(FTC), Dhubri in connection with Sessions Case No. 135/2006 and for their release on
bail.
3. By referring to the order dated 03-02-2021 passed in SLP (Crl.) No. 6341/2020, Mr.
Konwar submits that the applicants are placed on similar footing as the co-accused
Hussain Ali Mondal, in whose favour the order dated 03-02-2021 was passed by the
learned Supreme Court for releasing him on bail. As such, the applicants herein would
also be entitled to the benefit of similar consideration from this Court.
4. For the purpose of disposal of this I.A. it would be necessary to mention, in a
nutshell, the factual background of the case.
5. It appears from the record that by the judgment and order dated 21-12-2015
passed by the learned Addl. Sessions Judge (FTC) as many as 16 (sixteen) accused
persons including the present applicants were convicted under Section 302/ 149/ 326 IPC
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and were sentenced to undergo rigorous imprisonment for life and also to pay fine with
default stipulation. All the accused persons had preferred appeal being Crl. Appeal No.
10/2016 before this Court which is pending disposal. In the appeal, an application for
suspension of sentence and for their release on bail, numbered and registered as I.A. No.
172/2016 was also moved before this Court on behalf of all appellants.
6. By the order dated 07-04-2016 passed in I.A. 172/2016 arising out of Crl. Appeal
No. 10/2016, the Division Bench had rejected the bail prayer of all the appellants/
applicants, save and except, three of them, i.e. appellant Nos. 6, 7 and 16. Subsequently,
eight of the remaining 13 appellants had filed I.A. (Crl.) No. 643/2019 renewing their
prayer for suspension of sentence and for release on bail. By the order dated 08-08-2019
passed in I.A. (Crl.) No. 643/2013, the bail prayer made by the applicant No. 1 Manik
Bhuyan and three others including Hussain Ali Mondal was rejected. Similarly, by the
order dated 04-11-2019 passed in I.A. (Crl.) No. 201/2017, the bail prayer made by
applicant No. 2 Rezzak Bhuyan was also rejected by this Court.
7. In the meantime, one of the applicants in I.A. (Crl.) No. 643/2019, viz. Hussain Ali
Mondal had preferred SLP (Crl.) No. 6341/2020 against the order dated 08-08-2019
seeking suspension of sentence and his release on bail. By taking note of the facts and
circumstances of the case, the Hon'ble Supreme Court had allowed Hussain Ali Mondal to
go on bail, pending disposal of the appeal.
8. By relying on the grounds mentioned in the order dated 03-02-2021, the present
applicants have approached this Court once again seeking their release on bail by urging
that their cases would also stand covered by the order dated 03-02-2021 passed by the
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Supreme Court.
9. The State has filed objection in the I.A. A plain reading of the objection dated 22-
02-2021 reflects that the present applicants are also standing on similar footing as the
accused Hussain Ali Mondal.
10. In her oral submission, Ms. Jahan, learned Addl. P.P. Assam submits, on instruction,
that the conduct of both the applicants have also been found to be good, inasmuch as,
there is no adverse report against them.
11. From a reading of the order dated 03-02-2021, we find that the prayer for release
on bail made by co-accused Hussain Ali Mondal was allowed by the Apex Court by making
the following observations:-
"Taking into the account that the co-accused have already been released on bail
and that the appellant has undergone substantial period in jail and there is no
likelihood of appeal being taken up for hearing by the High Court in the immediate
near future coupled with the fact that there is no adverse report against the
appellant regarding his conduct in jail, we are of the view that the appellant should
be released on bail. Accordingly, in the peculiar facts of the present case, we direct
that the appellant (Hussain Ali Mondal) be released on bail to the satisfaction of
the Trial Court in connection with Case Crime No. 25 of 2003 registered at PS-
South Salmara, District- Dhubri, Assam and on such terms and conditions as may
be imposed by the Trial Court."
12. There is no wrangle at the bar that all the grounds reflected in the order dated 03-
02-2021 would equally apply to the present applicants as well. If that be so,
notwithstanding the fact that their bail applications were earlier rejected on merit, yet, by
applying the principle of parity in the matter of judicial orders, we are inclined to grant
similar reliefs to the applicants, in the light of the order dated 03-02-2021 passed by the
Hon'ble Supreme Court. As such, we direct that the applicants, viz. Manki Bhuyan @
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Manik Bhuyan and Rezzak Bhuyan be allowed to go on bail, during pendency of the
connected appeal, on furnishing bond of Rs. 20,000/- each and one local surety each to
the satisfaction of the learned Addl. Sessions Judge (FTC), Dhubri.
I.A. stands disposed of.
JUDGE JUDGE
GS
Comparing Assistant
