Gauhati High Court
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GAHC010096552020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/366/2020
SRI ANIL DOLEY AND 9 ORS
S/O SHRI TARA DOLEY, R/O BORDUA LUHIT CHAPARI, P.S. GARMUR,
MAJULI, DIST. JORHAT, ASSAM.
2: ATUL DOLEY
S/O SHRI KALU DOLEY
R/O BORDUA LUHIT CHAPARI
P.S. GARMUR
MAJULI
DIST. JORHAT
ASSAM.
3: BISWA PATIR
S/O SHRI SARU PATIR
R/O BORDUA LUHIT CHAPARI
P.S. GARMUR
MAJULI
DIST. JORHAT
ASSAM.
4: BAKU DOELY
S/O SHRI BABULAL DOLEY
R/O BORDUA LUHIT CHAPARI
P.S. GARMUR
MAJULI
DIST. JORHAT
ASSAM.
5: BIMAL PATIR @ BIRINCHI
S/O SHRI INDRESWAR PATIR
R/O BORDUA LUHIT CHAPARI
P.S. GARMUR
MAJULI
DIST. JORHAT
Page No.# 2/5
ASSAM.
6: BAMUN DOLEY
S/O SHRI NANDIRAM DOLEY
R/O BORDUA LUHIT CHAPARI
P.S. GARMUR
MAJULI
DIST. JORHAT
ASSAM.
7: RAJU DOLEY
S/O SHRI PHULESWAR DOLEY
R/O BORDUA LUHIT CHAPARI
P.S. GARMUR
MAJULI
DIST. JORHAT
ASSAM.
8: LAKHINDRA PATIR @ LOTIKAI
S/O SHRI DILIP PATIR
R/O BORDUA LUHIT CHAPARI
P.S. GARMUR
MAJULI
DIST. JORHAT
ASSAM.
9: JAN DOLEY
S/O SHRI JAMUNA DOLEY
R/O BORDUA LUHIT CHAPARI
P.S. GARMUR
MAJULI
DIST. JORHAT
ASSAM.
10: JANMA DOLEY
S/O LATE TEREM DOLEY
R/O BORDUA LUHIT CHAPARI
P.S. GARMUR
MAJULI
DIST. JORHAT
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY PP, ASSAM.
2:SANTAUN DOLEY
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S/O LATE RAJKUMAR DOLEY
R/O VILL. KUMARBARI GAON
JANGRAIMUKH
P.S. JANGRAIMUKH
MAJULI
DIST. JORHAT
ASSAM
PIN 78510
Advocate for the Petitioner : MR J PAYENG
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 30-03-2021
Suman Shyam, J
Heard Mr. J. Payeng, learned counsel for the applicants. Also heard Mr. M. Phukan,
learned Addl. P.P. Assam appearing for the respondent No. 1.
This I.A. has been filed under Section 389(2) of the Cr.P.C, 1973 praying for
suspension of jail sentence awarded upon the applicants vide judgment dated 12-03-2020
and order dated 13-03-2020 passed by the learned Addl. Sessions Judge, Jorhat in
connection with Sessions Case No. 41/2013 convicting the applicants under Sections 302/
143/ 201/ 364 IPC and also for allowing them to go on bail.
Mr. Payeng submits that there is no legal evidence available on record so as to
sustain the conviction of the applicants.
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We have heard the submission of Mr. M. Phukan, learned Addl. P.P. Assam and have
also gone through the objection filed by the State. From a reading of the impugned
judgment and order passed by the learned Addl. Sessions Judge, we find that the
conviction of the applicants is entirely based on the extra judicial conviction made by two
of the co-accused to the police admitting their guilt. However, from the materials available
on record, we find that such extra judicial confession was not only made to the police but
the same was also made during the course of investigation of the case by the police.
Therefore, such extra judicial confession of the accused made to the police, in our view,
would be hit by Section 25/ 26 of the Evidence Act and hence, would not be admissible as
evidence. Therefore, after going through the materials on record, we are of the prima
facie opinion that the applicants have made out a good case for releasing them on bail
pending disposal of the appeal.
We, accordingly, allowed all the applicants, viz. 1. Shri Anil Doley, 2. Shri Atul Doley,
3, Shri Biswa Patir, 4. Shri Baku Doley, 5. Shri Bimal Patir @ Birinchi, 6. Shri Bamun Doley,
7. Shri Raju Doley, 8. Shri Lakhindra Patir @ Lotikai, 9. Shri Jan Doley and 10. Shri Janma
Doley, to go on bail during the pendency of the connected criminal appeal subject to
furnishing bond of Rs. 20,000/- each and one local surety each of like amount, to the
satisfaction of the learned Addl. District and Sessions Judge, Jorhat.
This I.A. stands disposed of accordingly.
JUDGE JUDGE
GS
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Comparing Assistant
