Md. Abul Kalam Bhuyan vs The State Of Assam And Anr
2023 Latest Caselaw 4406 Gua

                                                                   Page No.# 1/3

GAHC010190942023




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

                                Case No. : I.A.(Crl.)/777/2023

             MD. ABUL KALAM BHUYAN
             S/O LATE NURUDDIN,
             R/O TINTHENGIA,
             P.S.- BHIPURIA, DIST.- LAKHIMIPUR, PIN- 787054.


             VERSUS

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

             2:MD. NURUDDIN BHUYAN
              S/O LATE KALIMUDDIN BHUYAN
             R/O TINTHENGIA
             P.S.- BHIPURIA
              DIST.- LAKHIMIPUR
              PIN- 787054

Advocate for the Petitioner   : MR. R P SARMAH

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 17-10-2023 (M. Zothankhuma, J)

Heard Mr. RP Sarmah, learned senior counsel for the applicant. Also heard Ms. S Jahan, learned Additional Public Prosecutor appearing for the State Page No.# 2/3

respondent.

2. This is an application under Section 389 of the Cr.PC for suspending the sentence imposed upon the applicant, pursuant to the judgment dated 13.06.2022 passed by the learned Sessions Judge, Lakhimpur in Sessions Case No. 160(NL)/2017, by which the applicant has been convicted under Section 302 IPC and sentenced vide sentence order dated 15.06.2023 to undergo rigorous imprisonment for life with a fine of Rs.10,000/-, in default simple imprisonment for 1 (one) year.

3. The learned senior counsel for the applicant submits that the applicant is a 72 year old person, who has been convicted for killing his brother. He submits that the informant in the case was the father of the applicant, who has subsequently expired. He submits that the evidence of the witnesses goes to show that there was only one blow made by the applicant with a knife on the deceased and as such, it cannot be said that there was any intention on the part of the applicant to have killed his brother. He further submits that due to the old age of the applicant, the applicant should be released on bail.

4. Ms. S Jahan, learned Additional Public Prosecutor, on the other hand submits that PW2, PW3 and PW4 being eye witnesses to the applicant stabbing his brother, there is no ground to suspend the sentence or release the applicant on bail. Further, the applicant had also absconded for 16 years and as such, bail should not be allowed.

5. We have heard the learned counsels for the parties.

6. The incident of the applicant having stabbed his brother which resulted in his death occurred on 14.08.2001. Thereafter, the applicant has been absconding and had been arrested only in the year 2017. Further, the evidence Page No.# 3/3

recorded by the learned Trial Court shows that there were eye witnesses to the act of the applicant killing his brother with a knife.

7. On considering all the above factors, we are of the view that no case for suspension of sentence or release of the applicant on bail has been made out. Therefore, the application is rejected. Interlocutory application is accordingly disposed of.

                                          JUDGE                 JUDGE




Comparing Assistant