Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 22 November, 2022
Page No.# 1/4
GAHC010193282022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/568/2022
SALIM UDDIN @ SELIM UDDIN AND ANR.
S/O- SURUJ ALI, R/O- PABIJURI, P.O. BURUNGA TALI BAZAR, P.S.
MURAJHAR, DIST.- HOJAI, ASSAM, PIN- 782445.
2: MD. NAZIM UDDIN @ NAJIM UDDIN
S/O- RAHMAN ALI
R/O- GHANIYARPAR
P.O. AMBARI
P.S. MURAJHAR
DIST.- HOJAI
ASSAM
PIN- 782445
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:MD. JALAL UDDIN
S/O LATE HUSON ALI
R/O- PABIJURI
P.S. MURAJHAR
DIST.- HOJAI
ASSAM
PIN- 782445
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : -22.11.2022
Heard Mr. H. R. A. Choudhury, learned Sr. counsel for the
applicants/appellants as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam
appearing for the State respondent.
By this second interlocutory application under Section 389 Cr.P.C., the
applicants/appellant, who are convicted and sentenced vide the impugned
Judgment and Orders, dated 02.01.2021/02.02.2021 and 03.02.2021
respectively, passed in SC No. 96/2017 by the learned District and Sessions
Judge, Hojai, have prayed for suspension of sentence and to allow them to go
on bail.
The relevant case record is received in connection with Crl. A. No.
67/2021.
The earlier interlocutory application filed under Section 389 Cr.P.C., was
rejected vide order, dated 01.06.2022 passed in I.A.(Crl.) No. 135/2021.
The State of Assam had filed written a written objection in the aforesaid
I.A.(Crl.) No. 135/2021, which is relied on by the learned Addl. Public
Prosecutor in the present I.A. too.
Mr. H. R. A. Choudhury, learned Sr. counsel appearing for the accused
appellants, submits that they are under judicial custody for about ten months
since 02.01.2021. Mr. Choudhury further submits that the evidence on record
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shows that there is no iota of evidence establishing the identity even remotely
that the accused appellants committed the alleged offences. Mr. Choudhury,
therefore, submits that subject to hearing on the appeal, the sentence may
be suspended and the accused appellants may be directed to be released on
bail.
Mr. R. R. Kaushik, learned Addl. Public Prosecutor, Assam, submits that
P.W.2, the injured, identified both the accused/appellants.
The prosecution case, in brief, is that on 25.05.2011, one Jalal Uddin
lodged an F.I.R. to the effect that on 24.05.2011 at about 8 p.m., 7/8
numbers of miscreants armed with lethal weapons, entered into the house of
one Samsul, who is his relative and committed dacoity. When the victim
Samsul made hue and cry, the miscreants attacked him with sharp weapons
causing grievous injuries on his person. But, somehow, he could snatch away
a handmade gun from one of the miscreants, namely Haider Ali.The miscreant
also fired a gunshot at the victim on his neck and on the spur of the moment,
some miscreants took away Rs.20,000/-, 4 tola gold and 7 kgs. of agar wood
from his house.
On hearing the learned counsel for both sides and perusal of the
evidence on record and the grounds of appeal afresh against the impugned
judgment and order, and further, the time likely to be required to dispose of
the appeal, it is provided that the operation of the sentence passed therein
shall remain suspended till disposal of the connected Criminal Appeal No.
67/2021. The accused appellants are directed to be released on bail of
Rs.50,000/- each with one surety of like amount to the satisfaction of the
learned District and Sessions Judge, Hojai.
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With the above directions, the Interlocutory Application stands disposed
of.
JUDGE
Comparing Assistant
