Gauhati High Court
Jamer Ali @ Jomer Ali vs The State Of Assam And Anr on 9 November, 2021
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GAHC010158062021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/404/2021
JAMER ALI @ JOMER ALI
S/O- LATE MOHAMMAD ALI, VILL.- GALADIGHLI PART-II, P.S. PHULBARI,
DIST. WEST GARO HILLS, MEGHALAYA.
VERSUS
THE STATE OF ASSAM AND ANR.
TO BE REP. BY THE PUBLIC PROSECUTOR, ASSAM
2:MIRAJUL HAQUE
S/O- LATE SOFIAL HAQUE
VILL.- BORO PATAKATA
P.S. SOUTH SALMARA
DIST.- SOUTH SALMARA
MANKACHAR
PIN- 783127
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 09-11-2021
Suman Shyam, J
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Heard Mr. A. Ahmed, learned counsel appearing for the applicant. We have also
heard Ms. B. Bhuyan, learned Addl. P.P. Assam appearing for the State.
By the judgment dated 14-09-2021 passed by the learned Sessions Judge, Dhubri
in Sessions Case No. 145/2015, the applicant herein was convicted under Section 302 of
the IPC and sentenced to undergo rigorous imprisonment for life and also to pay fine of
Rs. 25,000/- for committing the murder of three persons. Since then, he is in jail.
Assailing the impugned judgment dated 14-09-2021 the applicant has preferred Crl.
Appeal No. 162/2021, which is pending disposal before this Court. The instant I.A. has
been filed with a prayer to release the applicant on bail pending disposal of the appeal.
While arguing the I.A., Mr. Ahmed has basically urged two grounds. Firstly, the
prosecution has failed to prove the charge beyond reasonable doubt based on
circumstantial evidence. Secondly, the applicant is a person aged about 86 years and is
suffering from various old aged ailments. As such, he is entitled to be released on bail
solely on medical ground.
In order to verify the submission of the applicant's counsel, insofar as the health
condition of the applicant is concerned, by the order dated 01-11-2021, we had asked the
learned Addl. P.P. Assam to seek a report from the jail authorities. Pursuant to our
aforesaid order, Ms. Bhuyan has produced a report of the Medical & Health Officer, District
Jail, Dhubri, a perusal of which goes to show that the applicant is in fact suffering from
certain old aged ailments for which, he is receiving treatment in the District Jail Hospital
but his condition is stated to be stable.
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From a perusal of the impugned judgment passed by the learned Sessions Judge,
we find that the applicant has been convicted primarily on the basis of two circumstances,
viz. that he was seen in the place of occurrence armed with weapons along with other
accused persons and secondly, the dead bodies were found lying in the premises
belonging to the applicant.
Mr. Ahmed has argued that the place from where the dead bodies were recovered
is not a dwelling house but is farm land and the applicant was not residing therein.
Moreover, there is material contradiction in the testimony of the prosecution witnesses as
regards the presence of the applicant in the place of occurrence. He submits that even if
the two circumstances mentioned in the impugned judgment are accepted, even then, the
same would not complete the chain of circumstances so as to prove the charges brought
against the applicant beyond reasonable doubt.
From a reading of the impugned judgment, we find that there were other accused
persons present on the place of occurrence according to the evidence adduced by the
witnesses but the conviction of the applicant is not with the aid of Section 34 of the IPC.
The learned trial court has not mentioned the specific role played by the applicant in the
incident. Moreover, the other accused persons have been acquitted based on the same
evidence.
Having regard to the facts and circumstances of the case and considering the age
of the applicant, we find force in the submission of Mr. Ahmed that a prima facie case is
made out for releasing the applicant on bail during the pendency of the appeal.
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We, accordingly, order that the applicant, viz. Jamer Ali @ Jomer Ali be released on
bail subject to furnishing bond of Rs. 30,000/- with one local surety of like amount to the
satisfaction of the learned Sessions Judge, Dhubri.
It will also be open to the learned Sessions Judge, Dhubri to impose any other
additional conditions for releasing the applicant on bail.
Our observations in the order are meant only for the limited purpose of disposal of
the I.A. and the same shall not have any bearing in the outcome of the appeal.
The I.A. stands disposed of accordingly.
JUDGE JUDGE
GS
Comparing Assistant
