Gauhati High Court
Azinur Rahman vs The State Of Assam And Anr on 18 November, 2021
Page No.# 1/3
GAHC010135152021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/330/2021
AZINUR RAHMAN
S/O- KORIM UDDIN
R/O- VILL- POKALAGI
PART-V
P.S.- GOLAKGANJ
DIST- DHUBRI
ASSAM
PIN- 783334.
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY PP
ASSAM.
2:SOHRAB ALI
S/O- LATE HAJORAT ALI
R/O- VILLAGE- SAGOLIA
PART-II
P.S.- GOLAKGANJ
DIST- DHUBRI
ASSAM
PIN- 783334.
------------
Advocate for : MR. Y S MANNAN
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 18-11-2021
Heard Mr. YS Mannan, learned counsel for the applicant/appellant. Also
heard Mr. BB Gogoi, learned Additional Public Prosecutor appearing for the
State respondent No. 1 as well as Mr. MN Khan, learned counsel for the
respondent No. 2.
This interlocutory application has been filed seeking suspension of the
sentence imposed upon the applicant/appellant vide the impugned judgment
and order, dated 12.04.2019 passed by the learned Special Judge, Dhubri in
Special Case No. 11/2018, convicting and sentencing the applicant/appellant to
undergo rigorous imprisonment for 1 year and to pay a fine of Rs. 1,000/- with
a default clause for offence punishable under Section 448 of the IPC and also
rigorous imprisonment for 5 years and to pay a fine of Rs. 5,000/- with a default
clause for offence punishable under Section 10 of the POCSO Act. The
sentences are to run concurrently. There is a further prayer in this application to
grant bail to the applicant/appellant pending disposal of the connected Criminal
Appeal No. 139/2021.
The connected criminal appeal has been admitted by this Court vide order,
dated 09.09.2021 and notice has been issued upon the respondent No. 2.
Service report is still awaited in the said criminal appeal. However, since the
respondent No. 2 entered appearance in this interlocutory application, the same
is treated as his appearance in the connected criminal appeal also.
The learned counsel for the applicant/appellant has submitted that if the
Page No.# 3/3
punishment imposed upon the applicant/appellant is to run concurrently, the
punishment, in fact, is rigorous imprisonment for 5 years in addition to the fine
and default clause.
The learned counsel for the applicant/appellant has submitted that the
applicant/appellant has been in custody since 18.09.2017 as found from the
copy of the forwarding report produced before this Court by him. He has further
submitted that the applicant/appellant was in custody even during trial of the
case. The disposal of the connected criminal appeal is likely to take some time
since the matter has been admitted only on 09.09.2021. On the other hand, the
applicant/appellant has been in custody for more than 4 years, i.e., 1½ of the
punishment imposed on him.
Considering the length of detention of the applicant/appellant in custody
for more than 1½ of the punishment imposed on him, this Court is inclined to
grant bail to him pending disposal of the connected criminal appeal. The
sentence imposed upon the applicant/appellant vide the aforesaid judgment is
also stayed until disposal of the connected Criminal Appeal No. 139/2021.
The applicant/appellant be released on bail by the learned Special Judge,
under the POCSO Act, Dhubri on furnishing a bail bond of Rs. 20,000/- with two
suitable sureties, each of the like amount and on conditions to be imposed by
the learned Special Judge, under the POCSO Act, Dhubri while releasing the
applicant/appellant on bail.
This interlocutory application stands disposed of accordingly.
JUDGE
Comparing Assistant
