Page No.# 1/3 vs State Of Assam
2023 Latest Caselaw 826 Gua

                                                                          Page No.# 1/3

GAHC010043492022




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

                                Case No. : I.A.(Crl.)/100/2022

            JAKIR HUSSAIN @ JAKIR AND 3 ORS.
            S/O- IDRISH ALI, R/O- VILL.- KAHIKUCHI, P.S. AND DIST.- BARPETA,
            ASSAM, PIN- 781311.

            2: MANIR ALI @ MANIR HUSSAIN
             S/O- IDRISH ALI
             R/O- VILL.- KAHIKUCHI
             P.S. AND DIST.- BARPETA
            ASSAM
             PIN- 781311.

            3: SANOWAR ALI @ SANOWAR HUSSAIN
             S/O- IDRISH ALI
             R/O- VILL.- KAHIKUCHI
             P.S. AND DIST.- BARPETA
            ASSAM
             PIN- 781311.

            6: SARIFUL ALI @ SAHIDUL ISLAM
             S/O- IDRISH ALI
             R/O- VILL.- KAHIKUCHI
             P.S. AND DIST.- BARPETA
            ASSAM
             PIN- 781311

            VERSUS

            STATE OF ASSAM
            REPRESENTED BY P.P. , ASSAM.



Advocate for the Petitioner   : MR. SK N MOHAMMAD
                                                                           Page No.# 2/3

Advocate for the Respondent : PP, ASSAM




                                      BEFORE


                HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                   HON'BLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

28.02.2023 (M Zothankhuma, J)

Heard Mr. S K N Mohammad, learned counsel for the applicants. Also heard Ms. B

Bhuyan, learned Addl. Public Prosecutor. Mr. S K N Mohammad submits that as he is

not ready for disposal of the main appeal, the I.A can be disposed of and the main

appeal can be adjourned for another day.

2. Ms. B Bhuyan, Addl. Public Prosecutor submits that she has got no objection if

the main appeal is heard on some other date, provided the I.A is disposed of today.

3. The applicants have prayed for suspending the sentence and for bail under

Section 389 Cr.P.C.

4. The applicants had been convicted under Section 302/149 IPC, vide Judgment

& Order dated 10.02.2021 passed by the Sessions Judge, Barpeta in Sessions Case

No. 23/2014. They were sentenced to undergo rigorous imprisonment for life with a Page No.# 3/3

fine of Rs. 10,000/-, in default simple imprisonment for 6 (six) months.

4. On perusing the impugned judgment & order, we find that out of the 14

prosecution witnesses examined by the learned Trial Court, there were 4 (four) eye

witnesses to the crime in question. On considering the gravity of the offence and the

fact that there were eye witnesses to the crime, we are not inclined to suspend the

sentence or grant bail to the applicants at this stage.

5. The application is accordingly rejected.

                                  JUDGE                    JUDGE




Comparing Assistant