Abul Hussain vs The State Of Assam And Anr
2021 Latest Caselaw 2293 Gua

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GAHC010151432021




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

                                Case No. : I.A.(Crl.)/377/2021

            ABUL HUSSAIN
            S/O SUKUMUDDIN, R/O MAIRADIA, P.S. KASUMARA, DIST. BARPETA



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY PP, ASSAM.

            2:AZIZUR RAHMAN
             S/O. ABDUL KHALEQUE
             R/O. MAIRADIA
             P.S. KASUMARA
             DIST. BARPETA

Advocate for the Petitioner   : MR. A CHAUDHURY

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 23-09-2021 Suman Shyam, J

Heard Mr. N. Mahajan, learned counsel for the applicants. We have also heard Mr.

M. Phukan, learned P.P. Assam appearing for the State.

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The applicant herein is amongst the three appellants in Crl. Appeal No. 61/2016

which was dismissed by this Court by the judgment and order dated 17-09-2021. Taking

note of the fact that the applicant was out on bail during the pendency of the appeal, this

Court had directed him to surrender before the learned trial court on or before 20-09-

2021.

By filing the present I.A. a prayer has been made by the applicant to grant him two

months further time to surrender before the trial court. The only ground in support of the

prayer, as projected in the I.A., is that the applicant is a 73 years old person suffering

from various old age ailments requiring the assistance of the family member for his living.

It is to be noted herein that the appeal preferred by the applicant, jointly with

other appellants, have already been dismissed by this Court by affirming his conviction

and jail sentence awarded by the learned trial court.

After going through the statements made in the I.A. and on hearing the submission

of the learned counsel for the applicant as well as the learned P.P. assam, we do not find

any good ground to grant two months time to the applicant to surrender before the

learned trial court, more so, since the applicant is residing within the local limits of

jurisdiction of the learned Sessions Judge, Barpeta. The grounds stated in the I.A. cannot

come in the way of applicant in serving the jail sentence awarded to him once his

conviction has been upheld by this Court.

Be that as it may, since the last date of surrender was fixed on 20-09-2021, which

date has already elapsed, taking note of the overall facts and circumstances of the case Page No.# 3/3

and for ends of justice, we grant the applicant time till 04-10-2021 to surrender before

the learned trial court in terms of the direction issued in the order dated 17-09-2021.

With the above observation, this I.A. stands disposed of.

                          JUDGE                       JUDGE
GS




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