Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 28 May, 2021
Page No.# 1/4
GAHC010031832021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/93/2021
AMIR HASAN @ AMIR HASEM AND 4 ORS.
S/O. LATE UMED ALI
2: MD. IDRISH ALI
S/O- LATE KASEM ALI
3: MD. RUHUL AMIN
S/O- AMIR HASEN @ AMIR HASEM
4: MD.NAZIMUDDIN
S/O- AMIR HASEN @ AMIR HASEM
5: MUSTT. ROHIMA KHATUN
W/O- AMIR HASEN @ AMIR HASEM
ALL ARE RESIDENTS OF VILLAGE NO.2 SONAPUR
P.S.BIHPURIA
DIST.- LAKHIMPUR
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P., ASSAM
2:MD. ABDUL KUDDUS
S/O- LATE AMIR ALI
VILL.NO. 2 SONAPUR
P.S. BIHPURIA
DIST.- LAKHIMPUR
ASSAM
PIN- 787054
Page No.# 2/4
Advocate for the Petitioner : MR. P K DAS
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./38/2020
MD. AMIR HASAN @ AMIR HASEM AND 4 ORS.
S/O- LATE UMED ALI
2: MD. IDRISH ALI
S/O- LATE KASEM ALI
3: MD. RUHUL AMIN
S/O- AMIR HASEN @ AMIR HASEM
4: MD.NAZIMUDDIN
S/O- AMIR HASEN @ AMIR HASEM
5: MUSTT. ROHIMA KHATUN
W/O- AMIR HASEN @ AMIR HASEM
ALL ARE RESIDENTS OF VILLAGE NO.2 SONAPUR
P.S.BIHPURIA
DIST.- LAKHIMPUR
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE P.P.
ASSAM
2:MD. ABDUL KUDDUS
S/O- LATE AMIR ALI
VILL.NO. 2 SONAPUR
P.S. BIHPURIA
DIST.- LAKHIMPUR
ASSAM
PIN- 787054.
------------
Advocate for : MR. M A SHEIKH
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
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-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
28-05-2021
(Sudhanshu Dhulia, CJ)
The matter is taken up through video conferencing.
Heard Mr. A. Choudhury, learned counsel for the
applicants/appellants. Also heard Mr. M. Phukan, learned Additional Public
Prosecutor, Assam for respondent no.1 and Mr. B.M. Choudhury, learned
counsel for respondent No. 2.
This is a criminal appeal filed by the appellants against the judgment
and order dated 03.12.2019 passed by learned Addl. Sessions Judge
(FTC), Lakhimpur, North Lakhimpur in Sessions Case No. 05 (NL)/2015
convicting the appellants under Section 302/149 IPC and sentencing them
to undergo imprisonment for life and also to pay a fine of Rs. 3,000/-
each, in default, to undergo simple imprisonment for six months.
A bail application has been filed on behalf of the
applicants/appellants.
Considering the nature of crime and having perused the relevant
materials, we are not inclined to grant bail to applicant/appellant nos. 1 to
4, namely, Md. Amir Hasan @ Amir Hasem, Md. Idrish Ali, Md. Ruhul Amin
and Md. Nazimuddin.
All the same, since applicant/appellant No.5, Mustt. Rohima Khatun
is a woman and presently aged about 65 years and considering the fact
Page No.# 4/4
that initially her name was not even mentioned in the FIR, we are of the
view that a case for bail is made out in her case.
In view of the above, we reject the bail application of
applicant/appellant nos. 1 to 4, namely, Md. Amir Hasan @ Amir Hasem,
Md. Idrish Ali, Md. Ruhul Amin and Md. Nazimuddin. At the same time, for
the reasons assigned above, we grant bail to applicant/appellant No.5,
Mustt. Rohima Khatun. Let her be released on bail on furnishing her
personal bonds and two sureties, of a reasonable amount, to the
satisfaction of the concerned Magistrate.
Let a copy of this order be furnished to the counsel for the
applicants today itself.
JUDGE CHIEF JUSTICE
Comparing Assistant
