Gauhati High Court
Mayan Ali vs The State Of Assam And Anr on 2 September, 2021
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GAHC010105692021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/312/2021
MAYAN ALI
S/O- BAREK ALI, R/O- TETLIRTAL, P.S. AND DIST.- BARPETA, ASSAM, PIN-
781301
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P., ASSAM
2:RACHID KHAN
S/O- LATE JALIL KHAN
R/O- LURPHURIA
MOUZA- JANIA
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781301
Advocate for the Petitioner : MR. F A HASSAN
Advocate for the Respondent : PP, ASSAM
Linked Case : Crl.A./358/2019
MAYAN ALI
S/O- BAREK ALI
R/O- TETLIRTAL
P.S. AND DIST.- BARPETA
ASSAM.
Page No.# 2/4
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE P.P.
ASSAM
2:RACHID KHAN (INFORMANT)
S/O- LATE JALIL KHAN
R/O- LURPHURIA
MOUZA- JANIA
P.S. AND DIST.- BARPETA
ASSAM
PIN- 781301.
------------
Advocate for : MR. U C RABHA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
02.09.2021
Heard Mr. S.C. Biswas, learned counsel for the applicant/appellant as well
as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent No.
1.
By this interlocutory application under Section 389 Cr.P.C., the
applicant/appellant, who is convicted vide the impugned Judgment and Order,
dated 01.06.2019, passed in Sessions Case No. 349/2015 by the learned
Sessions Judge, Barpeta and sentenced to undergo R.I. for 7 (seven) years
and to pay fine of Rs.10,000/-, in default, to suffer R.I. for 3 (three) months
under Section 366A of the IPC has prayed for suspension of sentence and to
allow him to go on bail.
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It may be mentioned that the applicant/appellant is convicted and
sentenced to undergo R.I. for 7 (seven) years and to pay fine of Rs.10,000/-,
in default, to suffer R.I. for 3 (three) months vide the above impugned
judgment and order.
The prosecution case in brief is that the informant, Rachid Khan lodged
an FIR on 13.07.2011 at Barpeta P.S. alleging, inter-alia, that on that day,
while his teenaged daughter Monowara Khatun along with her 7 years old
brother was coming home from the house of their uncle, on their, the accused
Mayan Ali with aid of one Aymal Hoque and another Tayeb Ali, abducted her
by a bicycle to an unknown place. Subsequently, the victim girl was recovered
along with the accused Mayan Ali at Dhirenpara area under Fatasil P.S.,
Guwahati.
Mr. S.C. Biswas, learned counsel for the applicant/appellant, contends
that the applicant is convicted and sentenced on misinterpretation of evidence
on record inasmuch as the F.I.R. was lodged on hearsay evidence and that
there is no authentic evidence except the doctor to the effect that victim was
a minor on the date of alleged incident and further, that the victim's evidence
is not trustworthy at all.
Opposing the application Mr. D. Das, learned Addl. P.P., submits that as
the appeal is ready for hearing on merit, the applicant may not be released on
bail.
On hearing the learned counsel of both sides and perusal of the
allegation against the applicant and evidence including the 164 statement
vide Ext. 2 led in the case, this Court is of the opinion that there is prima facie
case against the applicant subject to final hearing on merit and the sentence
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passed against him cannot be suspended and also, he cannot be released on
bail pending the connected appeal.
Accordingly, the interlocutory application stands dismissed.
Registry to list the appeal in usual course.
JUDGE
Comparing Assistant
