Montu Bhumij vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2585 Gua

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GAHC010009362020




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : I.A.(Crl.)/31/2020

         MONTU BHUMIJ
         S/O LT. MOHAN BHOMIJ
         R/O- VILLAGE 2 NO. DIHINGIA GAON
         P.S- BORPATHAR
         DIST- KARBI ANGLONG,
         ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY PP, ASSAM

         2:BHARALI GOGOI
          S/O LT. KULA GOGOI
         R/O- VILLAGE DIHINGIA GAON

         P.S - BARPATHAR
         DIST- KARBI ANGLONG
         ASSAM.
         PIN-784001

         3:SWARUP GOGOI
          S/O KRISHNA KANTA GOGOI
         R/O- VILLAGE DIHINGIA GAON

         P.S - BARPATHAR
         DIST- KARBI ANGLONG
         ASSAM.
         PIN-784001

         4:JOGESHWAR GOGOI
          S/O MOHAN GOGOI
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            R/O- VILLAGE DIHINGIA GAON

            P.S - BARPATHAR
            DIST- KARBI ANGLONG
            ASSAM.
            PIN-78400

Advocate for the Petitioner   : MS. J PAUL

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                     HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                             ORDER

28.10.2021 (Suman Shyam, J)

Heard Ms. J. Paul, learned counsel appearing for the applicant. We have

also heard Ms. B. Bhuyan, learned Addl. P.P., Assam, appearing for the State.

This I.A. has been filed with a prayer to release the applicant on bail

during the pendency of the connected appeal being Crl. Appeal No.9/2020

preferred against the judgment and order dated 11.04.2019 passed by the

learned Sessions Judge, Karbi Anglong, Diphu, Assam in Sessions Case

No.40/2018.

Ms. Paul submits that there are material contradictions in the evidence of

key witnesses. That apart, the I.O. has failed to send the "mit dao" seized from

the accused for forensic examination. Ms. Paul also submits that the

extrajudicial confession relied upon by the learned Sessions Judge for

convicting the appellant was improper. On such ground, a prayer has been

made to release the accused/appellant on bail.

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However, after going through the materials available on record, we are

of the opinion that consideration of the arguments advanced by Ms. Paul

would call for a detail hearing of the appeal in as much as no finding on the

aforesaid aspect of the matter can be recorded by this Court at the stage of

consideration of this I.A. Therefore, without commenting on the merit of the

case projected by the applicant, we deem it appropriate to direct that the

appeal itself be finally heard and disposed of at an early date.

With the above observation, this I.A. stands closed.

                                          JUDGE                                JUDGE



Comparing Assistant