Nurul Ali vs The State Of Assam And Anr
2023 Latest Caselaw 4269 Gua

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GAHC010184882022




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

                        Case No. : I.A(Crl) 826/2022 in Crl.A./347/2022

            NURUL ALI
            S/O ABDUL BAREK ALI,
            VILL.- DEGHOLI SAPORI, JAMUGURI, P.S.- JAMUGURI, DIST.- SONITPUR,
            ASSAM, PIN- 782124

            VERSUS

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

            2:JORINA BEGUM
             D/O ABDUL JALIL

            BASHBARI
            LAHORIJAN

            P.S.- KHATKHATI
             DIST.- KARBI ANGLONG
            ASSAM
             PIN- 782410

Advocate for the Petitioner   : MR. A DHAR

Advocate for the Respondent : PP, ASSAM


                                     BEFORE
                    HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

Date : 12.10.2023

Heard Mr. A Dhar, learned counsel for the applicant and Mr. R.J Page No.# 2/2

Baruah, learned Addl. PP, appearing for the State respondent.

The present application is filed by the applicant Md. Nurul Ali under section 389 Cr.P.C, 1973 praying for suspension of sentence and stay of realization of fine of Rs.5,000/- passed in judgment and order dated 28.10.2021 by the learned Sessions Judge, Karbi Anglong in Session Case No.14/2019 and also to allow him to remain on bail.

Perused the LCR.

From the LCR it is seen that the injured victim wife has not been examined by the prosecution, though the allegation and conviction is under section 307 IPC. The applicant has been convicted on the basis of some witnesses and their testimonies are hearsay except one witness, who testified that the victim lady has informed that it is the present accused who inflicted the injury. However, the victim has not opted to appear before the Trial Court below to testify her version of the case.

In view of the aforesaid, this court is of the view that the applicant has been able to make out a prima facie case for acquittal. Accordingly the present applicant is allowed to go on bail on furnishing a bail bond of Rs.50,000/- with a suitable surety of the like amount to the satisfaction of the learned Sessions Judge, Karbi Anglong, Diphu.

In terms of the above, the interlocutory application stands disposed of.

JUDGE

Comparing Assistant