Surajit Haloi vs The State Of Assam And Anr
2022 Latest Caselaw 864 Gua

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GAHC010015082022




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

                                 Case No. : I.A.(Crl.)/29/2022

            SURAJIT HALOI
            S/O DINESH HALOI, PERMANENT R/O VILL- LAURAPARA
            (KAITHAKUCHI), P.S.-BELSOR, DIST- NALBARI, ASSAM



            VERSUS

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

            2:DHANMONI HALOI

             S/O LT. MAHESH HALOI
             R/O KAITHALKUCHI
             P.S. BELSOR
             DIST. NALBARI
             ASSAM

Advocate for the Petitioner   : MR. A BHATTACHARYA

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./205/2021

            SURAJIT HALOI AND ANR.
            S/O DINESH HALOI
            P/R/O VILL- LAURAPARA (KAITHAKUCHI)
            P.S.-BELSOR
            DIST- NALBARI
                                                                        Page No.# 2/4

             ASSAM

             2: DINESH HALOI
             S/O LATE DEBEN HALOI
              P/R/O VILL- LAURAPARA (KAITHAKUCHI)
              P.S.-BELSOR
              DIST- NALBARI
             ASSAM
             VERSUS

             THE STATE OF ASSAM AND ANR.
             REPRESENTED BY THE PUBLIC PROSECUTOR
             ASSAM

             2:DHANMAONI HALOI
             S/O LT. MAHESH HALOI
              R/O VILL- KAITHAKUCHI
              P.S.-BELSOR
              DIST- NALBARI
             ASSAM
              ------------
             Advocate for : MR. A BHATTACHARYA
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                    BEFORE
                         HONOURABLE THE CHIEF JUSTICE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                      ORDER

11.03.2022

Heard Mr. A. Bhattacharjee, learned counsel for the applicant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam for the respondent State.

By the judgment and order dated 04.10.2021 passed by the learned Sessions Judge, Nalbari in Sessions Case No. 62/2012, the applicant Surajit Haloi has been convicted under Sections 147/149/447/323/302 IPC and has been sentenced to undergo rigorous imprisonment for six months and to pay a Page No.# 3/4

fine of Rs. 500/-, in default, to undergo simple imprisonment for one month for committing offence u/s 147/149 IPC; to undergo simple imprisonment for one month and to pay a fine of Rs. 500/-, in default to undergo simple imprisonment for one month for committing offence u/s 447/149 IPC; to undergo simple imprisonment for three months and to pay a fine of Rs. 1000/-, in default, to undergo simple imprisonment for forty five days for committing offence u/s 323/149 IPC; to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default, to undergo simple imprisonment for six months for committing offence u/s 302/149 IPC.

There were fifteen accused in all who faced trial and out of those three have passed away during trial. The remaining twelve accused have been convicted along with the present applicant and have been sentenced for imprisonment as stated above. Out of these twelve accused including the present applicant, eleven have been granted bail by this Court, a fact which is admitted by the learned Additional Public Prosecutor Ms. B. Bhuyan. Therefore, primarily the applicant would argue that he is liable to be released on bail on grounds of parity.

We have perused the record and we find that the role assigned to the applicant is not substantially different from other accused who have been convicted and have been released on bail. Although at this stage it may only be considered as our prima facie opinion, but considering primarily the fact that other accused have been released on bail, at least a case for release of the applicant on bail is made out on the ground of parity.

Accordingly, we direct that the applicant shall be released on bail in connection with Sessions Case No. 62/2012 u/s 147/149/447/323/302 IPC on furnishing a bail bond of Rs. 20,000/- with two local sureties of the like amount Page No.# 4/4

to the satisfaction of the learned Sessions Judge, Nalbari.

The interlocutory application stands disposed of.

               JUDGE                          CHIEF JUSTICE




Comparing Assistant