Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 23 September, 2021
Page No.# 1/4
GAHC010151342021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/375/2021
KOBBAD ALI @ KOBAT ALI @ KOBAT MASTER and 5 ORS
S/O LATE SHAHAD MONDOL @ SAYED ALI MONDAL, VILL. MOIRADIA,
P.O. KHOLABANDA, P.S. KACHUMARA, DIST. BARPETA, ASSAM.
2: ATOWAR RAHMAN @ ATABOR ALI
S/O. LT. ABED MANDAL
VILL. MOIRADIA
P.O. KHOLABANDA
P.S. KACHUMARA
DIST. BARPETA
ASSAM.
3: LOKMAN ALI
S/O. LT. SAYED MANDAL
VILL. MOIRADIA
P.O. KHOLABANDA
P.S. KACHUMARA
DIST. BARPETA
ASSAM.
4: SAINUDDIN
S/O. LT. JALAL MUNSHI
VILL. MOIRADIA
P.O. KHOLABANDA
P.S. KACHUMARA
DIST. BARPETA
ASSAM.
5: NUR HUSSAIN
S/O. LT. SAYED MANDAL
VILL. MOIRADIA
P.O. KHOLABANDA
P.S. KACHUMARA
Page No.# 2/4
DIST. BARPETA
ASSAM.
6: MONTAZ ALI
S/O. LT. JABED MANDAL
VILL. MOIRADIA
P.O. KHOLABANDA
P.S. KACHUMARA
DIST. BARPETA
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY PP, ASSAM.
2:AZIZUR RAHMAN
S/O. LT. ABDUL KHALEQUE
VILL. MOIRADIA
P.O. KHOLABANDA
P.S. KACHUMARA
DIST. BARPETA
ASSAM
PIN-781127
Advocate for the Petitioner : MR H R A CHOUDHURY
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. A. Ahmed, learned counsel for the applicants. We have also heard Mr. M.
Phukan, learned P.P. Assam appearing for the State.
The six applicants herein are amongst the thirteen appellants in Crl. Appeal No.
Page No.# 3/4
276/2015 which was dismissed by this Court by the judgment and order dated 17-09-
2021. Taking note of the fact that the six applicants were out on bail during the pendency
of the appeal, this Court had directed them to surrender before the learned trial court on
or before 20-09-2021.
By filing the present I.A. a prayer has been made to grant them 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 applicants are aged persons, having health issues such as
diabetis, high blood pressure, eye sight and mobility problem, requiring assistance of the
family members and due to the Covid-19 pandemic situation, their presence in the jail
would be a threat to their life.
It is to be noted herein that the appeal preferred by the applicants jointly with
other appellants has already been dismissed by this Court by affirming their conviction
and jail sentence awarded by the learned trial court.
After going through the statements made in the I.A. and on hearing the
submissions of learned counsel for the applicants as well as the learned P.P. Assam, we do
not find any good ground to grant two months time to the applicants to surrender before
the learned trial court, more so, since all the applicants are residing within the local limit
of jurisdiction of the learned Sessions Judge, Barpeta. The grounds stated in the I.A. in
our view cannot come in the way of the applicants serving the jail sentence once their
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
Page No.# 4/4
date has already been elapsed and taking note of the overall facts and circumstances of
the case and for the ends of justice, we grant the applicants 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
Comparing Assistant
